Clayton & Webb v. May
Supreme Court of Georgia
Practice in Supreme Court. Practice in Superior Court. Judgments. Executions. Illegality. Before Judge WlLLIS. Muscogee Superior Court. May Term, 1881. Clayton & Webb obtained a judgment against T. D. May & Co., a firm composed of May and J. W. Clayton. To the levy thereunder May filed his affidavit of illegality. Subsequently he amended it by adding new grounds, one of which was that the execution did not follow the judgment.
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Practice in Supreme Court. Practice in Superior Court. Judgments. Executions. Illegality. Before Judge WlLLIS. Muscogee Superior Court. May Term, 1881. Clayton & Webb obtained a judgment against T. D. May & Co., a firm composed of May and J. W. Clayton. To the levy thereunder May filed his affidavit of illegality. Subsequently he amended it by adding new grounds, one of which was that the execution did not follow the judgment. (The fi. fa. was against T. D. May, J. W. Clayton and T. D. May & Co.) The case went to the superior court by appeal. The court sustained the illegality on the above…
1Opinion of the Court
Jackson, Chief Justice.
1. When we examined the bill of exceptions in this case, it was discovered that the abstract of plaintiffs in error did not accord with it. The point made in the abstract and brief and argument was that the illegality had been amended without the requisite affidavit that affiant did not know of the ground taken by the amendment when the original affidavit of illegality was made. All allusion to that point was stricken out of the bill of exceptions by having black lines drawn across that portion of the bill of exceptions which referred to it, and we could not ascertain…
2Cited by4 opinions
- Hawkins v. Mayor of AmericusSupreme Court of Georgia · 1898
- McCall v. WalterSupreme Court of Georgia · 1883
- Smith v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1889
- Tingle v. KellyCourt of Appeals of Georgia · 1954