Legal Opinion

Brown v. Webb

Supreme Court of Georgia

Decided November 12, 1904PublishedCited by 5 opinions

Certiorari. Before Judge Felton. Bibb superior court. May 30, 1904.

1Opinion of the CourtSimmons, C. J.

1. On the trial of an affidavit of illegality to an execution, the defendant in execution can not go behind the judgment on which the execution is based, by showing that the judgment was rendered without sufficient evidence.

2. Where in an action in a justice’s court upon a sworn account there was service upon the defendant by leaving a copy of the summons and account at her most notorious place of abode, and defendant did not appear or plead, and judgment was rendered in favor of the plaintiff, such judgment is conclusive as against an affidavit of illegality based upon the ground that…

2Cases cited1 opinion

  1. Greene v. Oliphant & HannahSupreme Court of Georgia · 1880

3Cited by5 opinions

  1. Coffee v. McCaskey Register Co.Court of Appeals of Georgia · 1909
  2. Eslinger v. LandCourt of Appeals of Georgia · 1932
  3. Taylor v. HolmesCourt of Appeals of Georgia · 1920
  4. Barnes v. West Publishing Co.Court of Appeals of Georgia · 1925
  5. Phaup v. JerveySupreme Court of Georgia · 1935

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