Southern Railway Co. v. Daniels
Supreme Court of Georgia
Affidavit of illegality. Before Judge Smith. Telfair superior court. April term, 1897. To an execution issued by Thomas J.. Wooten, J. P. of the-1485th district G. M., against the Southern “Railroád” Company, for certain sums which it stated were “adjudged against, them,” as principal, interest to date of judgment, etc., “upon a damage suit at the J. P.’s court held in and for the 1485 district G. M., on the 7th day of August, 1896, in favor of Benj.
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Affidavit of illegality. Before Judge Smith. Telfair superior court. April term, 1897. To an execution issued by Thomas J.. Wooten, J. P. of the-1485th district G. M., against the Southern “Railroád” Company, for certain sums which it stated were “adjudged against, them,” as principal, interest to date of judgment, etc., “upon a damage suit at the J. P.’s court held in and for the 1485 district G. M., on the 7th day of August, 1896, in favor of Benj. H. Daniels,” the Southern Railway Company interposed an affidavit of illegality upon the grounds: (1) That the Southern Railway Company has…
1Opinion of the CourtLumpkin, P. J.
A defendant against whom a judgment was rendered after he had been duly served has, in legal contemplation, “had his day in court, ’ ’ and ‘1 can not go behind the judgment by an affidavit of illegality. ’ ’ If the judgment was rendered in a justice’s court and the defendant was,, by the plaintiff’s fraud unmixed with negligence on the defendant’s part,, deprived of a hearing, atíd after the discovery of the fraud no remedy other than a resort to equity was available, a petition to set aside the-judgment would lie. Civil Code, <5 4742. And see Brewer v. Jones, 44 Ga. 71; Hood v. Parker, 63…
2Cases cited3 opinions
- Tumlin v. O'Bryan & Bros.Supreme Court of Georgia · 1881
- Brewer v. JonesSupreme Court of Georgia · 1871
- Hood v. ParkerSupreme Court of Georgia · 1879
3Cited by13 opinions
- Young v. YoungSupreme Court of Georgia · 1939
- McKnight v. WilsonSupreme Court of Georgia · 1924
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
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