Legal Opinion

Peebles v. McCrary

Court of Appeals of Georgia

Decided July 11, 1922No. 13091Published

Affidavit of illegality of execution; from Taylor superior court — Judge Munro. October 8, 1921.

1Opinion of the CourtBloodworth, J.

1. The court did not err in striking, on motion of plaintiff’s counsel, paragraphs 1 and 4 of the original affidavit of illegality, and paragraph 1 of each amendment.

2. When the execution to which the affidavit of illegality was filed was offered in evidence, it was objected to upon the grounds that no judgment was introduced from which the execution issued, and the execution did not follow the judgment. The court did not err in overruling these objections and admitting the execution in evidence. See Vining v. Officers of Court, 86 Ga. 127 (12 S. E. 298).

3. In the bill of exceptions it is…

2Cases cited4 opinions

  1. Finley v. Southern Railway Co.Court of Appeals of Georgia · 1909
  2. Corbin v. McCraryCourt of Appeals of Georgia · 1918
  3. Adair v. St. AmandSupreme Court of Georgia · 1911
  4. Vining v. Officers of CourtSupreme Court of Georgia · 1890

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