Arnold-Forrest Horse & Mule Co. v. Fleeman
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Ellis. January 9, 1911.
1Opinion of the CourtPowell, J.
1, An affidavit of illegality can not be used as a substitute for certiorari or other appellate procedure. If the affiant was regularly served with process or voluntarily appeared and pleaded in the. main suit, he can not by his affidavit of illegality assail the judgment because of mere errors of law which took place on the trial.
2. A garnishee was served, and answered, denying indebtedness. The answer was traversed. The plaintiff served upon the garnishee notice to produce certain books and papers at the trial. Because of an alleged failure of the garnishee to produce the books and papers,…
2Cited by3 opinions
- Anderson v. Trowbridge Hardware Co.Court of Appeals of Georgia · 1927
- Slaton v. HinmanCourt of Appeals of Georgia · 1919
- Drake v. Ludden & Bates Southern Music HouseCourt of Appeals of Georgia · 1933