Bertody v. Ison
Supreme Court of Georgia
Illegality. Evidence. Practice in Superior Court. Rules of Court. Practice in Supreme Court. Before Judge STEWART. Spalding Superior Court. February Term, 1882. Reported in the decisions.
1Opinion of the Court
Jackson, Chief Justice.
1. Three legal questions are made in this record. First, on the trial of the issue made by affidavit of illegality, which party has the conclusion, the plaintiff in execution or the defendant ? So far as we know, the practice has always been, as the court below ruled, to give it to the plaintiff. Have the new rules of court changed the old rule, and given it to the defendant in a case where, admitting the apparent legality ort its face, he alleges that the judgment is void because he did not acknowledge service, and was not served with the declaration and process ?
In…
2Cases cited1 opinion
- Choice v. StateSupreme Court of Georgia · 1860
3Cited by11 opinions
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Luke v. HillSupreme Court of Georgia · 1911
- Cochran v. StateSupreme Court of Georgia · 1956
- James v. Edward Thompson Co.Court of Appeals of Georgia · 1916
- Williams v. StateSupreme Court of Georgia · 1916
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