Walden v. County of Lee
Supreme Court of Georgia
Tax. Illegality. Executions. Principal and. surety. Before Judge Crisp. Lee Superior Court. November Term, 1877. Tbe ordinary of Lee county issued an execution against the administratrix of a former tax collector, and his sureties, for an alleged default. The administratrix filed an affidavit of illegality. This was demurred to, and all the grounds dismissed but one. Both parties excepted. Eor the other facts see the opinion.
1Opinion of the Court
Jackson, Judge.
This is a bill of exceptions alleging error in the superior court in overruling certain grounds taken in an affidavit of illegality, and in retaining the affidavit in respect to another ground. Both parties except to the judgment. The County of Lee excepts because the court retained the illegality on the first ground taken therein; and it may be well to dispose of that first.
1. That ground is, “that defendant, as administratrix, does not owe the amount claimed as due on said execution, or any part thereof, and that, on the contrary, said debt is not due or owing, or any part…
2Cases cited4 opinions
- Thornton v. LaneSupreme Court of Georgia · 1852
- Thornton v. WilsonSupreme Court of Georgia · 1876
- Wilkinson v. BennettSupreme Court of Georgia · 1876
- Blount v. WellsSupreme Court of Georgia · 1875
3Cited by7 opinions
- Atlanta National Building & Loan Ass'n v. StewartSupreme Court of Georgia · 1900
- Mason v. Commissioners of Roads & RevenuesSupreme Court of Georgia · 1898
- United States Fidelity & Guaranty Co. v. Toombs CountySupreme Court of Georgia · 1939
- Head v. WaldrupSupreme Court of Georgia · 1944
- Price v. Douglas CountySupreme Court of Georgia · 1887
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