Parks v. Williams
Supreme Court of Georgia
Complaint for land. Before Judge Fite. Whitfield superior court. January 4, 1911.
1Opinion of the Court
Lumpkin, J,
1. Where an attachment has been sued out in a justice’s court against a non-resident, and no notice has been served as provided by the Civil Code (1910), § 5103, and there has been no bond made or appearance and defense, a general judgment can not lawfully be rendered against the defendant; and if such a judgment be rendered, and an execution be issued accordingly and levied, the sale is void. Carithers v. Venable, 52 Ga. 389; Kimball v. Nicol & Davidson, 58 Ga. 175.
2. A defendant in such an execution may estop himself from denying the • validity of the sale by knowingly accepting…
2Cases cited5 opinions
- Tribble v. AndersonSupreme Court of Georgia · 1879
- Ray v. PitmanSupreme Court of Georgia · 1904
- Carithers v. VenableSupreme Court of Georgia · 1874
- Reichert v. VossSupreme Court of Georgia · 1887
- Kimball v. Nicol & DavidsonSupreme Court of Georgia · 1877
3Cited by9 opinions
- Trammell v. Atlanta Coach Co.Court of Appeals of Georgia · 1935
- Coursey v. CourseySupreme Court of Georgia · 1913
- Baker Mercantile Co. v. Hancock Bros.Court of Appeals of Georgia · 1917
- Vitiaz v. Chrysler Credit Corp.Court of Appeals of Georgia · 1975
- Chapman v. Commercial National BankCourt of Appeals of Georgia · 1952
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