Craig v. Fraser
Supreme Court of Georgia
Officers. Pleadings. Practice in Superior Oourt. Illegality. Attachment. Notice. Before Judge Estes. , White Superior Court. April Term, 1884. A fi.fa. in favor of C. P. Oraig vs. John A. Fraser was levied on a lot of land.
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Officers. Pleadings. Practice in Superior Oourt. Illegality. Attachment. Notice. Before Judge Estes. , White Superior Court. April Term, 1884. A fi.fa. in favor of C. P. Oraig vs. John A. Fraser was levied on a lot of land. Defendant interposed an affidavit of illegality, the body of which was as follows : “A certain execution issued from said superior court of White county, in favor of C. P. Craig versus said John A. Fraser, which has been levied upon lot fifty-eight (58) in the third (3d) district of originally Habersham, now White county, has been issued illegally, and is proceeding…
1Opinion of the Court
Hall, Justice.
This record makes but three questions which we deem it essential to notice.
(1.) Whether an affidavit of illegality, taken before a justice of the peace in another state, is properly authenticated by the certificate of the clerk of a court of record of that state, under the seal of the court, that the justice, whose genuine signature appears subscribed to the affidavit, was then, and at the time of subscribing the same, a duly elected, commissioned and qualified justice of the peace of a named precinct in the county in which the attestation was made, and that to all acts done by…
2Cases cited3 opinions
- Charles v. FosterSupreme Court of Georgia · 1876
- Treutlen v. SmithSupreme Court of Georgia · 1875
- McAllister v. Singer Manufacturing Co.Supreme Court of Georgia · 1880