Cleland v. Bennett
Court of Appeals of Georgia
Affidavit of illegality; from city court of Baxley—Judge Lawrence. March 6, 1919. To an execution against Mary J. Cleland, upon which garnishment was obtained against the Woodmen of the World, an affidavit of illegality was interposed by her, on the ground that in the case in which the execution was issued, she had not been served and had no notice of the proceeding; and she traversed the deputy sheriff’s return of service and made him and the sheriff parties to the…
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Affidavit of illegality; from city court of Baxley—Judge Lawrence. March 6, 1919. To an execution against Mary J. Cleland, upon which garnishment was obtained against the Woodmen of the World, an affidavit of illegality was interposed by her, on the ground that in the case in which the execution was issued, she had not been served and had no notice of the proceeding; and she traversed the deputy sheriff’s return of service and made him and the sheriff parties to the traverse. The trial of the issue resulted in a verdict against her; she made a motion for a new trial,^ which was overruled, and…
1Opinion of the CourtBloodworth, J.
A motion to dismiss the bill of exceptions in this case was made on two grounds: 1st. “Because there is no proper and sufficient assignment of error made.” 3d. “Because the Woodmen of the World, W. J. Branch, and D. J. Branch were not made parties to the bill of exceptions, nor was same served on them.” The bill of exceptions contains a sufficient assignment of error, and the fijst ground of the motion to dismiss is overruled. The second ground is sustained. The Woodmen of the World is not a necessary party to the bill of exceptions. W. J. Branch, the sheriff, and D. J. Branch, his deputy,…
2Cases cited8 opinions
- Craig v. WebbSupreme Court of Georgia · 1883
- Bullard v. WynnSupreme Court of Georgia · 1910
- Producers Naval Stores Co. v. BrewtonCourt of Appeals of Georgia · 1916
- Carter v. DavidsonSupreme Court of Georgia · 1912
- Coleman v. Board of EducationSupreme Court of Georgia · 1911
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3Cited by1 opinion
- Martin v. McAfee & Co.Court of Appeals of Georgia · 1924