Foster v. Watkins Co.
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. Lack of service upon a codefendant is matter for defense, and not ground for an affidavit of illegality. Murphy v. Smith, 16 Ga. App. 472 (85 S. E. 791).
2. The failure of the plaintiff or his attorney to sign a judgment where the law requires such signature is a mere irregularity and does not invalidate the judgment. Although such signature does not appear thereon, an execution issued thereon may be legally levied and such defect is not a ground for illegality. Pollard v. King, 62 Ga. 103 (5).
3. The ruling in Sloan v. Cooper, 54 Ga. 486 (3), which holds that “the decree not having been…
2Cases cited3 opinions
- Pollard v. KingSupreme Court of Georgia · 1878
- Murphey v. SmithCourt of Appeals of Georgia · 1915
- Sloan v. CooperSupreme Court of Georgia · 1875