Kennedy v. Redwine
Supreme Court of Georgia
Attorney and client. Estoppel. Process. Before Judge Bioe. Hall Superior Court. March Term, 1877. An execution in favor of. plaintiff’s intestate against A. M. Cochran, was levied upon certain laud as the property of the defendant therein. A claim thereto was filed by Kedwine. Upon the trial of the issue thus formed, title and possession were shown in Cochran at the date of the judgment.
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Attorney and client. Estoppel. Process. Before Judge Bioe. Hall Superior Court. March Term, 1877. An execution in favor of. plaintiff’s intestate against A. M. Cochran, was levied upon certain laud as the property of the defendant therein. A claim thereto was filed by Kedwine. Upon the trial of the issue thus formed, title and possession were shown in Cochran at the date of the judgment. Claimant introduced the record of the suit in which such judgment was rendered, from which it appeared that he was attorney for the plaintiff, that no process was attached to the declaration, that “ due and…
1Opinion of the Court
Bleckley, Judge.
1. The attorney of record, who represented the plaintiff in bringing suit and taking judgment, will not be heard to urge, in his own behalf, the invalidity of the judgment for want of process. Hence, when execution founded upon the judgment is levied upon land, as the defendant’s property, and the attorney interposes a claim in opposition to the levy, he claiming the land as his own property, he cannot uphold his claim or defeat the levy by introducing the record and showing by the same that the judgment was rendered without process or any express waiver of process. He is…
2Cases cited7 opinions
- Cox v. SullivanSupreme Court of Georgia · 1849
- Galbraith v. ElderSupreme Court of Pennsylvania · 1839
- Gaulden v. StateSupreme Court of Georgia · 1851
- Howell v. BakerNew York Court of Chancery · 1819
- Williams v. MartinSupreme Court of Georgia · 1849
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clifton v. StateSupreme Court of Georgia · 1939
- Garinger v. PalmerCourt of Appeals for the Sixth Circuit · 1904
- Wilson v. Trustees of Union Theological SeminarySupreme Court of Georgia · 1936
- McBride v. BryanSupreme Court of Georgia · 1881
- Edison Provision Co. v. Armour & Co.Court of Appeals of Georgia · 1935
5 more not listed; retrieve them via the Exa API.