Legal Opinion

Brach & Sons v. Oglesby Grocery Co.

Court of Appeals of Georgia

Decided February 12, 1925No. 15727PublishedCited by 6 opinions

1Opinion of the CourtJenkins, P. J.

1. “A judgment that is void may be attacked in any court, and by anybody. In all other cases judgments can not be impeached collaterally, but must be set aside by the court rendering them.” Civil Code (1910), § 5968.

2. Under the general law applicable to courts other than the municipal court of Atlanta, or one as to which the creating act may contain a provision similar to that quoted below, an attachment in accordance with § 5056 of the Civil Code (1910), issued upon an affidavit administered by a commercial notary public, is absolutely void. Heard v. National Bank of Illinois, 114 Ga. 291,…

2Cases cited8 opinions

  1. Cooper v. National Fertilizer Co.Supreme Court of Georgia · 1909
  2. Bruce v. ConyersSupreme Court of Georgia · 1875
  3. Laffitte v. BurkeSupreme Court of Georgia · 1901
  4. Heard v. National BankSupreme Court of Georgia · 1901
  5. Spielberger v. Hall & Co.Supreme Court of Georgia · 1925

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3Cited by6 opinions

  1. Gruber v. Fulton CountyCourt of Appeals of Georgia · 1965
  2. Baggs-Langford Motor Co. v. Moore & SonCourt of Appeals of Georgia · 1927
  3. Brinkman v. City of GainesvilleCourt of Appeals of Georgia · 1951
  4. Kazakos v. SoteresCourt of Appeals of Georgia · 1969
  5. Jenkins v. COMMUNITY LOAN & INVESTMENT CORPORATION OF SAVANNAHCourt of Appeals of Georgia · 1969

1 more not listed; retrieve them via the Exa API.

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