Legal Opinion
James v. Cooledge & Brother
Supreme Court of Georgia
Decided February 7, 1908PublishedCited by 20 opinions
Illegality. Before Judge Bartlett. Douglas superior court. May 17, 1906.
1Opinion of the CourtAtkinson, J.
1. When an affidavit of illegality has been filed to the levy of a fi. fa., and has been returned by the levying officer to the proper court for trial, the pleadings are the fi. fa. and the affidavit. Miller v. Perkerson, 128 Ga. 465.
2. Where the only ground of illegality is alleged to be that the fi. fa., special in its nature and against specific property, is levied upon other property of the defendant, and for that reason the levy is illegal, the court will, on inspection, compare the grounds of the illegality with the fi. fa.; and if the fi. fa. is found to be general as well as special,…
2Cases cited2 opinions
- Southern Railway Co. v. FlemisterSupreme Court of Georgia · 1904
- Miller v. PerkersonSupreme Court of Georgia · 1907
3Cited by20 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Johnson v. SherrerSupreme Court of Georgia · 1944
- Gordy v. PowellCourt of Appeals of Georgia · 1957
- Thompson v. FainSupreme Court of Georgia · 1913
- Watkins Co. v. SeawrightCourt of Appeals of Georgia · 1929
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