Emory v. Smith
Supreme Court of Georgia
. Judgment. Execution. Illegality. Before Judge James Johnson. Harris Superior Court. October Term, 1873. James G. Smith, for the use of Edwin M. Hines, brought complaint against “Elizabeth Emory, executrix of Samuel Emory, deceased,” on five promissory notes dated March 12th, 1861, due December 25th, next thereafter, payable to plaintiff bearer, and each for the sum of $50 00. Judgment by default in the usual form was rendered in favor of “the plaintiff” against the…
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. Judgment. Execution. Illegality. Before Judge James Johnson. Harris Superior Court. October Term, 1873. James G. Smith, for the use of Edwin M. Hines, brought complaint against “Elizabeth Emory, executrix of Samuel Emory, deceased,” on five promissory notes dated March 12th, 1861, due December 25th, next thereafter, payable to plaintiff bearer, and each for the sum of $50 00. Judgment by default in the usual form was rendered in favor of “the plaintiff” against the “defendant.” Execution issued to be levied “of the goods and chatties, lands and tenements of Elizabeth Emory, executrix of…
1Opinion of the Court
McCay, Judge.
Under the uniform rulings in this state, an illegality does not lie on the ground that there is error in the judgment. Not, at least, unless the judgment be void. Here the most that can be said is that the judgment was irregular. Such a judgment was possible under our law, under the, writ. There" was no error therefore in overruling the illegality. This proceeding is a statutory one, and only in special cases, to-wit: when the execution is proceeding illegally. If it conforms to the judgment it is not proceeding illegally, except, perhaps, when the judgment is absolutely void. We…
2Cited by1 opinion
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