Legal Opinion

Anderson v. Georgia State Bank

Court of Appeals of Georgia

Decided May 22, 1928No. 18438PublishedCited by 2 opinions

1Opinion of the CourtJenkins, P. J.

1. Under the Civil Code (1910), § 6288, a second affidavit of illegality “shall not be received by any sheriff or other officer, for causes which existed and were known, or in the exercise of reasonable diligence might have been known at the time of filing the first.” Anderson v. Bank of Chatsworth, 22 Ga. App. 736 (97 S. E. 255). The fact that the first affidavit of illegality was dismissed by the defendant, or withdrawn, without a hearing thereon, does not make an exception to the rule stated. Bell v. Atlanta Telephone & Telegraph Co., 15 Ga. App. 680 (84 S. E. 163).

2. The affidavit of…

2Cases cited4 opinions

  1. Hambrick v. CrawfordSupreme Court of Georgia · 1875
  2. Hunter v. DavidsonSupreme Court of Georgia · 1877
  3. Anderson v. Bank of ChatsworthCourt of Appeals of Georgia · 1918
  4. Bell v. Atlanta Telephone & Telegraph Co.Court of Appeals of Georgia · 1915

3Cited by2 opinions

  1. Ryals v. WidincampCourt of Appeals of Georgia · 1931
  2. Bell v. TysonCourt of Appeals of Georgia · 1951

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