Legal Opinion
Franklin v. Mobley
Court of Appeals of Georgia
Decided December 5, 1945No. 31058PublishedCited by 8 opinions
1Opinion of the CourtSutton, P. J.
(After stating the foregoing facts.) The plaintiff in illegality, who is the plaintiff in error here, contends that the execution is proceeding illegally, for the following reasons: (1) because there is no legal party plaintiff in fi. fa., there being at the time of the levy no legal right of action in the original plaintiff in fi. fa., or in the bank, in whose favor it was issued, and there must be a legal right of action in the party bringing the proceeding, in order to maintain a proceeding for the use of another; (2) because the alleged usees, who now claim ownership of said execution,…
2Cases cited16 opinions
- Robinson v. SchlySupreme Court of Georgia · 1849
- Terrell v. StevensonSupreme Court of Georgia · 1895
- Smith v. FolsomSupreme Court of Georgia · 1940
- Norwich Union Fire Insurance Society v. WellhouseSupreme Court of Georgia · 1901
- Beasley v. AndersonSupreme Court of Georgia · 1928
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Spurlock v. Commercial Banking Co.Court of Appeals of Georgia · 1976
- Trust Co. of Ga. v. Mortgage-Bond Co. of N. Y.Supreme Court of Georgia · 1948
- Southern Life Ins. Co. v. Citizens Bank of NashvilleCourt of Appeals of Georgia · 1955
- King v. PrinceCourt of Appeals of Georgia · 1954
- Green Hotels, Inc. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1963
3 more not listed; retrieve them via the Exa API.