Lott v. Wood & Brother
Supreme Court of Georgia
Illegality of execution. Before Judge Parker. Coffee superior court. March 24, 1910.
1Opinion of the CourtEvans, P. J.
A fi. fa. issued out of the superior court of Coffee county, and was levied upon the property of the defendants. To the levy of this fi. fa. the defendants filed an affidavit of illegality, which was accepted by the sheriff anxl returned to the superior court for trial and disposition. The grounds of the illegality were, that the execution was based upon a final judgment rendered in a certiorari case, which judgment was signed in vacation, without any order of court having been previously granted setting down the case to be heard in vacation, and without any application having been previously…
2Cases cited6 opinions
- Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
- Walker v. BanksSupreme Court of Georgia · 1880
- Park v. CallawaySupreme Court of Georgia · 1907
- Hart v. LazaronSupreme Court of Georgia · 1872
- Johnson v. HeitmanSupreme Court of Georgia · 1881
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3Cited by13 opinions
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- Harrell v. Davis Wagon Co.Supreme Court of Georgia · 1913
- Hill v. First National BankSupreme Court of Georgia · 1925
- Perry v. StateCourt of Appeals of Georgia · 1913
- Carter Co. v. O'QuinnSupreme Court of Georgia · 1915
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