Legal Opinion
Rhodes v. Southern Flour & Grain Co.
Court of Appeals of Georgia
Decided February 20, 1932No. 21666PublishedCited by 3 opinions
1Opinion of the CourtBell, J.
1. If the defendant has had his day in court, he can not go behind the judgment by an affidavit of illegality. This rule, however, presupposes an apparently valid service upon a suit which indicates that with service the court has jurisdiction of the defendant’s person. In such a case the defendant can not attack the judgment by affidavit of illegality, even though because of his residence in another county he should not have been sued in the county where the action was brought. Civil Code (1910), § 5311; Sanford v. Bates, 99 Ga. 145 (2) (25 S. E. 35); McKnight v. Wilson, 158 Ga. 153 (3) (122…
2Cases cited18 opinions
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Warren v. RushingSupreme Court of Georgia · 1916
- Planters Loan & Savings Bank v. BerrySupreme Court of Georgia · 1893
- McKnight v. WilsonSupreme Court of Georgia · 1924
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern Flour & Grain Co. v. SimmonsCourt of Appeals of Georgia · 1934
- R. E. Jarman & Sons Inc. v. DrewCourt of Appeals of Georgia · 1942
- Jordan v. Charles S. Martin Distributing Co.Court of Appeals of Georgia · 1954