Hartsfield v. Morris
Supreme Court of Georgia
Illegality. Judgment. Jurisdiction. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1891. Ilartsiield sued Morris & Murphy in the justice court of the 1026th district G. M., Fulton county. Defendants were each served personally. They made no appearance or defence, either at appearance or trial term, and judgment was rendered against them.
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Illegality. Judgment. Jurisdiction. Before Judge Marshall J. Clarke. Fulton superior court. March term, 1891. Ilartsiield sued Morris & Murphy in the justice court of the 1026th district G. M., Fulton county. Defendants were each served personally. They made no appearance or defence, either at appearance or trial term, and judgment was rendered against them. Execution from the judgment was levied upon their property, and they filed an affidavit of illegality upon the grounds: (1) The j udgment is void because, when the suit was instituted and the judgment rendered, affiants were not residents…
1Opinion of the Court
Judgment reversed.
When the illegality came on for hearing plaintiff moved to dismiss it, on the ground that it sought to go behind the judgment, and that the matter set up therein and intended to invalidate the execution, if true, should have been set up by plea in bar of the judgment, and that it appearing that defendants were each' personally served with the original summons and copy account, and had failed to appear and plead or answer, they could not after judgment be heard to interpose a defence that might have been set up in bar of the judgment. This motion was overruled. Affiants then…
2Cited by12 opinions
- Mauck v. RosserSupreme Court of Georgia · 1906
- Williams v. Atlanta National BankCourt of Appeals of Georgia · 1923
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Sanford v. BatesSupreme Court of Georgia · 1896
- Thurman v. WillinghamCourt of Appeals of Georgia · 1916
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