Tumlin v. O'Bryan & Bros.
Supreme Court of Georgia
Judgments. Illegality. Before Judge Fain. Bartow Superior Court. January Term, 1881. Reported in the decision.
1Opinion of the Court
Crawford, Justice.
1. The only question made by the bill of exceptions in this case is, whether an affidavit of illegality is the proper remedy to arrest an execution and set aside a judgment, upon the ground that at the time of its rendition by the court there was a plea of file and undisposed of.
*66The defendant shows that he was in court with a defense; if, therefore, the court rendered an illegal judgment against him, over his defense, his remedy was by writ of error.
If the judgment was rendered against him by fraud, accident or mistake, or the acts of the adverse party, unmixed with…
2Cases cited2 opinions
- Hood v. ParkerSupreme Court of Georgia · 1879
- Greene v. Oliphant & HannahSupreme Court of Georgia · 1880
3Cited by11 opinions
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Southern Railway Co. v. DanielsSupreme Court of Georgia · 1897
- Napier v. Bank of LaFayetteSupreme Court of Georgia · 1937
- Hancock v. Tipton Guano Co.Court of Appeals of Georgia · 1917
- Childs v. State BankCourt of Appeals of Georgia · 1924
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