Brantley v. Greer
Supreme Court of Georgia
Judgments. Administrators and Executors. Judge. Disqualifications. Auditors. ' Oobts. Before Judge Adams. Macon Superior Court. May Adjourned Term, 1883. Greer, guardian, cited Brantley, • administratrix, to appear before the ordinary to settle the estate; an appeal was taken; the case was referred to an auditor, and on his report a decree was rendered.
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Judgments. Administrators and Executors. Judge. Disqualifications. Auditors. ' Oobts. Before Judge Adams. Macon Superior Court. May Adjourned Term, 1883. Greer, guardian, cited Brantley, • administratrix, to appear before the ordinary to settle the estate; an appeal was taken; the case was referred to an auditor, and on his report a decree was rendered. The judge presiding rendered a decree, in favor of the plaintiff against the defendant, to be levied on the property of the decedent in the hands of the administratrix, including certain property which was decreed to be among the assets of the…
1Opinion of the Court
Hall, Justice.
1. Tins affidavit of illegality, so far as it has a semblance of merit, is an attack upon the decree or judgment on which the execution in question issued. Unless the judgment is void, this is not the proper mode of setting it *13aside. 8 Ga., 143 ; 11 Ib., 137. If the defects alleged to exist amount only to irregularities, they should he corrected by a motion for that purpose made in the court which rendered it. 51 Ga., 323; 54 Ib., 494.
If the defendant has had his day in court, he cannot go behind the judgment by an affidavit of illegality. Code, §3671.
2. .Where a proceeding…
2Cases cited2 opinions
- Rodgers v. EvansSupreme Court of Georgia · 1850
- Emory v. SmithSupreme Court of Georgia · 1874
3Cited by19 opinions
- Roberts v. RobertsSupreme Court of Georgia · 1902
- McDowell v. McDowellSupreme Court of Georgia · 1942
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- McBride v. JohnsCourt of Appeals of Georgia · 1945
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