Thompson v. Fain
Supreme Court of Georgia
Illegality of execution. „ Before Judge Pendleton. Fulton superior court. October 23, 1911.
1Opinion of the CourtLumpkin, J.
1. When an affidavit of illegality to the levy of an execution has been filed, and the execution, affidavit, and bond *311have been returned to the proper court, “it shall be the duty of said court to determine thereon at the first term, unless the plaintiff or his attorney desire to controvert the facts contained in said affidavit, in which case an issue shall be joined, which issue shall be tried by a jury at the same term, unless good cause is shown for-a continuance.” Civil Code, § 5307. The statement that the court shall “determine thereon at the first term,” unless it is desired to…
2Cases cited6 opinions
- James v. Cooledge & BrotherSupreme Court of Georgia · 1908
- Miller v. PerkersonSupreme Court of Georgia · 1907
- Dever v. AkinSupreme Court of Georgia · 1869
- Smith v. CampSupreme Court of Georgia · 1889
- Wactor v. MarshallSupreme Court of Georgia · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- Birchmore v. UpchurchCourt of Appeals of Georgia · 1948
- McLeod v. BirdCourt of Appeals of Georgia · 1913
- Montgomery v. NunnallyCourt of Appeals of Georgia · 1931
- Cook v. Cobb & RoperCourt of Appeals of Georgia · 1918
12 more not listed; retrieve them via the Exa API.