Benton v. Maddox

L. O. Benton, the transferee of an execution in favor of T. R. Bennett, superintendent, etc., for the use of the Bank of Eatonton against John D. Maddox in the principal sum of $683.37, caused the execution to be levied on certain property as the property of the defendant in execution. The defendant, in an affidavit of illegality, attacked the validity of the judgment on which the execution issued on the ground that the defendant had never been served with the petition and process, had never waived service, had never appeared and pleaded, and had never authorized any one to do any of these…