Green v. Rhodes
Court of Appeals of Georgia
Affidavit of illegality; from city court of Waynesboro — -F. S. Burney, judge pro bac vice. June 11, 190,9.
1Opinion of the CourtRussell, J.
In the court below the plaintiff in error filed an affidavit of illegality to the foreclosure of a chattel mortgage. While there is more than one ground of the affidavit of illegality, only one was insisted upon. This was to the effect that the mortgage had never in fact been foreclosed, nor any affidavit for foreclosure made, for the reason that what purported to be the affidavit made for that purpose was not really sworn to. It purported to be the affidavit of F. L. Seales, the plaintiff’s attorney, made in Burke county, Georgia, as it appears in the record, and the jurat was signed: Frank…
2Cases cited3 opinions
- Britt v. DavisSupreme Court of Georgia · 1908
- Cox v. SternIllinois Supreme Court · 1897
- Smith v. JohnsonNebraska Supreme Court · 1895
3Cited by8 opinions
- Vaughan v. Car Tapes, Inc.Court of Appeals of Georgia · 1975
- Gilbert v. StateCourt of Appeals of Georgia · 1915
- Chambers Lumber Co. v. GilmerCourt of Appeals of Georgia · 1939
- Bertha Mineral Co. v. BuieCourt of Appeals of Georgia · 1921
- Hillis v. Comer & Co.Court of Appeals of Georgia · 1913
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