Day v. Bank of Sparks
Court of Appeals of Georgia
Affidavit of illegality; from city court of Nashville — Judge Henson presiding. November 24, 1920. The only questions submitted to the juiy by the charge of the court were as to whether the affidavit of illegality was filed for the purpose of delay, and if so, the amount of damages. The verdict was “ in favor of the fi. fa. and against the illegality,” as directed by the court, and for $50 damages.
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Affidavit of illegality; from city court of Nashville — Judge Henson presiding. November 24, 1920. The only questions submitted to the juiy by the charge of the court were as to whether the affidavit of illegality was filed for the purpose of delay, and if so, the amount of damages. The verdict was “ in favor of the fi. fa. and against the illegality,” as directed by the court, and for $50 damages. The amount of the execution was $529.14 when the affidavit of illegality was filed. In the motion for a new trial it is alleged that in using the words “ 25 per cent.” instead of 10 per cent., the…
1Opinion of the CourtHill, J.
This is the second time this case has been before this *720court. The case was decided by this court on December 16, 1919. See 24 Ga. App. 628 (101 S. E. 715). The judge of the city court of Nashville at the next term of that court and at each succeeding term was disqualified. On August 13, 1930, at the August term of that court, when a qualified judge, to wit, the judge of the city court of Douglas, was presiding over the city court of Nashville, the case came on for trial and a motion for a continuance was made by counsel for the defendant, on the ground that he had not had opportunity to…
2Cases cited2 opinions
- Knox v. StateSupreme Court of Georgia · 1901
- Day v. Bank of SparksCourt of Appeals of Georgia · 1919
3Cited by3 opinions
- New York Life Insurance v. BradfordCourt of Appeals of Georgia · 1937
- Jones v. Bank of Powder SpringsCourt of Appeals of Georgia · 1923
- Felker v. StillCourt of Appeals of Georgia · 1933