Rogers v. Felker
Supreme Court of Georgia
Justice Courts. Judgments. Judge. Before Judge Hutchjks. Walton Superior-Court. August Term, 1885 A fi'. fa. issuing from a justice’s court was levied on certain property, and the defendant interposed an affidavit of illegality.
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Justice Courts. Judgments. Judge. Before Judge Hutchjks. Walton Superior-Court. August Term, 1885 A fi'. fa. issuing from a justice’s court was levied on certain property, and the defendant interposed an affidavit of illegality. The grounds of the illegality were that the justice who rendered the judgment was a first cousin of the defendant’s wife, and therefore was disqualified, that the levy was excessive; that the original summons was not directed according to law; and that the justice did not sign the judgment. On demurrer, the presiding judge dismissed the affidavit of illegality, and…
1Opinion of the Court
Blandford, Justice.
The question in,, this ..case. is,, is a .judgment rendered by a justice.of the peace void, when such justice is related' *47to one of the parties within the fourth degree of consanguinity, so that the same can be attacked by affidavit :f illegality ?
If the court had no jurisdiction to render the judgment, then it is void; otherwise it is voidable.
The court, as a court, had jurisdiction of the parties and the subject-matter. The justiceis not absolutely inhibited from presiding in the case, under §205 of the' Code referred to, but he may preside by consent of the parties. This…
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