Inman v. Miller
Supreme Court of Georgia
Practice in Superior Court. Amendment. Illegality. Before Judge Roney. Burke Superior Court. May Term. 1883. Reported in the decision.
1Opinion of the Court
Hall, Justice.
This execution having been levied on the property of defendants, they, by agent, filed an affidavit of illegality thereto. In his affidavit, the agent stated that he was “ advised and believed ” that the same was proceeding illegally :
First. “ Because no definite .interest is levied on, and no definite property could be sold under the levy.”
Second. “ Because the execution issued in November, 1870, and there are no entries thereon since September 3, 1872, and the same is therefore barred by the statute of limitations applicable to such cases, and the judgment from which it issued…
2Cases cited2 opinions
- Bosworth v. ClarkSupreme Court of Georgia · 1879
- Higgs v. HusonSupreme Court of Georgia · 1850
3Cited by3 opinions
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Carmichael v. MobleyCourt of Appeals of Georgia · 1935
- Cooper Co. v. LanierCourt of Appeals of Georgia · 1916