Legal Opinion

Banks v. Giles

Court of Appeals of Georgia

Decided May 11, 1917No. 8133PublishedCited by 5 opinions

Affidavit of illegality; from. Douglas superior court—Judge Bartlett. March 24, 1916.

1Opinion of the CourtBroyles, P. J.

The affidavit of illegality in this case is based on the fol-

lowing four grounds: (1) That the defendant in fi.'fa. was not given an opportunity to point out what part of her property she desired the fi. fa. levied upon. (2) That no written notice was served upon the defendant or the tenant in possession of the property within five days after the levy was made. (3) That the defendant in fi. fa. was not served with process, did not acknowledge service, and did not appear and plead in the original suit on which the judgment was rendered, and did not have her day in court. (4) That the levy was…

2Cases cited6 opinions

  1. Rogers v. FelkerSupreme Court of Georgia · 1886
  2. Pinkston v. HarrellSupreme Court of Georgia · 1898
  3. Solomon v. PetersSupreme Court of Georgia · 1867
  4. Cox v. MontfordSupreme Court of Georgia · 1880
  5. Manry v. ShepperdSupreme Court of Georgia · 1876

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Haden v. Liberty Co.Supreme Court of Georgia · 1936
  2. Butler v. MobleySupreme Court of Georgia · 1930
  3. Mulling v. Bank of CobbtownCourt of Appeals of Georgia · 1926
  4. Chastain v. AlfordSupreme Court of Georgia · 1942
  5. Owen v. CunninghamCourt of Appeals of Georgia · 1965

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