Burnett v. Smith
Supreme Court of Georgia
Practice in the Superior Court. Judgments. Bonds. Sheriffs. Before Judge Crawford. Quitman Superior Court. November Term, 1877. Reported in the opinion.
1Opinion of the Court
Jackson, Judge.
This was a demurrer to an affidavit of illegality, which was sustained by the court, and the affidavit dismissed. The error assigned is the judgment dismissing this affidavit.
The affidavit made the point that the judgment on which the fi. fa. was issued was illegal, because the court had entered it up without the verdict of the jury — there being no issuable defense filed on oath- — -and that the suit being upon a sheriffs bond, the damages must be assessed by a pry-
This case is covered by the Piedmont and Arlington Life Ins. Co. vs. Lester, 55 Ga., 475. The sheriff’s bond was…
2Cases cited1 opinion
- Lester v. Piedmont & Arlington Life InsuranceSupreme Court of Georgia · 1875
3Cited by2 opinions
- Harris v. BlackSupreme Court of Georgia · 1915
- Torrent v. SulterSupreme Court of Georgia · 1881