Legal Opinion

Peel v. Bryson

Supreme Court of Georgia

Decided April 25, 1884PublishedCited by 12 opinions

Fraud. Bankruptcy. Statute of Limitations. Service. Deceit. Actions. Pleadings. Before Judge Hammond. Fulton Superior Court. October .Term, 1883. Reported in the decision.

1Opinion of the Court

Hall, Justice.

By consent of counsel, this cause was heard and determined by the presiding judge, upon issues both of fact and law. The affidavit of illegality contains two grounds:

(1.) That defendant in execution did not owe the debt, and was never served with process in the original suit on which the judgment was rendered from which the execution issued, and had never waived such service.

(2.) That, after the j udgment was rendered, affiant was adjudged a bankrupt, and was thereafter discharged; that the judgment was a debt provable in bankruptcy, and was ex*333tinguished by the discharge. The…

2Cases cited5 opinions

  1. Neal v. ClarkSupreme Court of the United States · 1878
  2. Dye v. WallSupreme Court of Georgia · 1849
  3. Larey v. TaliaferroSupreme Court of Georgia · 1876
  4. McAfee v. CovingtonSupreme Court of Georgia · 1884
  5. Odom v. CauseySupreme Court of Georgia · 1877

3Cited by12 opinions

  1. Fenley v. MoodySupreme Court of Georgia · 1898
  2. Friendly Finance Co. v. StoverCourt of Appeals of Georgia · 1964
  3. Cornett v. AultSupreme Court of Georgia · 1906
  4. Oliver v. O'KelleyCourt of Appeals of Georgia · 1934
  5. Houze v. BlackwellCourt of Appeals of Georgia · 1917

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