Knight v. Jones
Supreme Court of Georgia
Executions, Illegality. Sheriff. Before Judge Wright. Decatur Superior Court. November Adjourned Term,. 1879. A fi.fa. against Cliett and Jones was levied on certain property of Jones, and he filed an affidavit of illegality on ■the ground that he had not been served with the process in ■the case in which thqfi.fa. was issued. The jury found for defendant. Plaintiff, Knight,' moved for a new trial. It was refused, and he excepted. v
1Opinion of the Court
Jackson, Justice.
However strong the evidence of defendant may be, ia support of his affidavit of illegality, that he was not personally served so as to make him personally liable to pay the execution levied on his personal and individual property,, issued against a partnership firm of which he was a member, it cannot avail him unless he allege and prove that he traversed the sheriff’s return of service upon him individually at the next term after he had knowledge that such a return had been made. In this ease he made the allegation in his traverse, but does not swear to it; nor does he…
2Cases cited1 opinion
- Maund v. KeatingSupreme Court of Georgia · 1875
3Cited by5 opinions
- Jennings v. DavisCourt of Appeals of Georgia · 1955
- Harrell v. WilliamsCourt of Appeals of Georgia · 1914
- Day v. Bank of SparksCourt of Appeals of Georgia · 1919
- Benton v. MaddoxCourt of Appeals of Georgia · 1941
- Clements v. HaskinsCourt of Appeals of Georgia · 1926