Legal Opinion
Norris v. Carter & Nelson
Court of Appeals of Georgia
Decided August 13, 1924No. 15481PublishedCited by 1 opinion
1Opinion of the CourtBell, J.
1. “The remedy by affidavit of illegality, against an execution which has been issued illegally, or which is proceeding illegally, is purely statutory, and except to the extent that the statute provides there is no such remedy.” It is provided by “the statute that a defendant in execution can only file an affidavit of illegality when his property has been levied upon.” State v. Sallade, 111 Ga. 700 (1), 702 (36 S. E. 922); Civil Code (1910), § 5306. This case is controlled by the decision of this court in Jackson v. Barksdale, 17 Ga. App. 461 (87 S. E. 691), wherein it was held: “There being…
2Cases cited13 opinions
- State v. SalladeSupreme Court of Georgia · 1900
- Dent v. DentSupreme Court of Georgia · 1903
- Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
- Leake v. TynerSupreme Court of Georgia · 1901
- Macon & Birmingham Railway Co. v. WaltonSupreme Court of Georgia · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McClenton v. WetheringtonCourt of Appeals of Georgia · 1953