McMillan v. Nichols
Supreme Court of Georgia
Illegality. Judgments. Judge. Before Judge Bice. Habersham Superior Court. April Term, 1878. An execution in favor of Nichols against McMillan was levied upon certain land as the property of the defendant. He interposed an affidavit of illegality, the contents of which are stated in the opinion. On demurrer it was dismissed and he excepted.
1Opinion of the Court
Bleckley, Justice.
The first ground in the affidavit of illegality was too general and sweeping to present any distinct question for adjudication. The second ground was specific enough, being in these words: “ That the judgment from which the said fi. fa. issued is a judgment of the county court of Habersham county, and the said judgment is a nullity and void in this, to-wit: that said judgment was rendered by Cicero H. Sutton, as county judge of said county, without the consent of defendant, and against his earnest protest; and the said Cicero II. Sutton, before the institution of the suit on…
2Cases cited2 opinions
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3Cited by9 opinions
- Daniels v. TowersSupreme Court of Georgia · 1887
- Carr v. DuhmeIndiana Supreme Court · 1906
- East Rome Town Co. v. CothranSupreme Court of Georgia · 1889
- Meeks v. Guckenheimer & SonsSupreme Court of Georgia · 1897
- State v. HartleySupreme Court of Connecticut · 1902
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