Legal Opinion
Cook & Kimbrell v. City of Colquitt
Court of Appeals of Georgia
Decided February 9, 1923No. 13636PublishedCited by 3 opinions
Affidavit of illegality; from Miller superior court — Judge Worrill. April 27, 1922.
1Opinion of the CourtStephens, J.
1. The remedy by affidavit of illegality is purely statutory, and, as provided in the general statutes of this State (Civil Code of 1910, §. 5305 et seq.), applies only to the arrest of executions based upon judgments of courts, arid not to the arrest of executions issued ex parte by some ministerial officer as a city clerk. See, in this connection, Cochran v. Whitworth, 21 Ga. App. 406 (94 S. E. 609); Hill v. DeLaunay, 34 Ga. 427; Manning v. Phillips, 65 Ga. 548; City of Atlanta v. Jacobs, 125 Ga. 523 (54 S. E. 534).
2. There being no statutory provision for arresting by affidavit of…
2Cases cited4 opinions
- City of Atlanta v. JacobsSupreme Court of Georgia · 1906
- Cochran v. WhitworthCourt of Appeals of Georgia · 1917
- Manning v. PhillipsSupreme Court of Georgia · 1880
- Hill v. DeLaunaySupreme Court of Georgia · 1866
3Cited by3 opinions
- Atkinson v. FitzgeraldCourt of Appeals of Georgia · 1933
- Means v. MyrickCourt of Appeals of Georgia · 1933
- Clark v. City of ButlerCourt of Appeals of Georgia · 1934