Mayor v. Wade
Court of Appeals of Georgia
Affidavit of illegality of execution; from Chatham superior court —Judge Meldrim. March 31, 1917.
1Opinion of the CourtBloodwokth, J.
1. Ground 1 of the affidavit of illegality in this case is as follows: “Deponent has never had his day in court, was never served with any process or other notice of the pendency of this suit whereon said execution is based, nor did he waive service, nor did he appear in or defend said suit.” Ground 11 alleges that the city attorney “agreed that in consideration of the defendant’s not filing an injunction, the mayor and aldermen would not urge this inaction as a defense, and agreed that every *749defense might be made by affidavit of illegality, or other appropriate remedy, that could have been…
2Cases cited13 opinions
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- Hudspeth v. HallSupreme Court of Georgia · 1901
- Macon Consolidated Street Railroad v. Mayor of MaconSupreme Court of Georgia · 1901
- State ex rel. Hardwick v. SwearingenSupreme Court of Georgia · 1852
- Burckhardt v. City of AtlantaSupreme Court of Georgia · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Georgia Railway & Electric Co. v. Town of DecaturCourt of Appeals of Georgia · 1923