Legal Opinion

Parks v. Williams

Supreme Court of Georgia

Decided February 15, 1912PublishedCited by 9 opinions

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

  1. Tribble v. AndersonSupreme Court of Georgia · 1879
  2. Ray v. PitmanSupreme Court of Georgia · 1904
  3. Carithers v. VenableSupreme Court of Georgia · 1874
  4. Reichert v. VossSupreme Court of Georgia · 1887
  5. Kimball v. Nicol & DavidsonSupreme Court of Georgia · 1877

3Cited by9 opinions

  1. Trammell v. Atlanta Coach Co.Court of Appeals of Georgia · 1935
  2. Coursey v. CourseySupreme Court of Georgia · 1913
  3. Baker Mercantile Co. v. Hancock Bros.Court of Appeals of Georgia · 1917
  4. Vitiaz v. Chrysler Credit Corp.Court of Appeals of Georgia · 1975
  5. Chapman v. Commercial National BankCourt of Appeals of Georgia · 1952

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