Legal Opinion

Columbus Fertilizer Co. v. Hanks

Supreme Court of Georgia

Decided March 31, 1904PublishedCited by 12 opinions

Affidavit of illegality. Before J. H. Worrill, judge pro hac vice. Muscogee superior court. January 27, 1903.

1Opinion of the CourtSimmons, C. J.

A fi. fa. from a justice’s court was levied upon certain personal property. The defendant filed an affidavit of illegality, alleging that the execution was proceeding illegally, for the reason that more than seven years had elapsed from the time the execution was issued before either the execution or the en*951tries thereon had been placed upon the execution docket of the superior court, and that the judgment was therefore dormant and could not be enforced by levy. The case thus made was returned to the justice’s court, and thence appealed by consent to the superior court. Upon the trial the case…

2Cases cited13 opinions

  1. Butt v. MaddoxSupreme Court of Georgia · 1849
  2. Hollis v. LambSupreme Court of Georgia · 1902
  3. Gholston v. O'KelleySupreme Court of Georgia · 1888
  4. Lockwood v. BarefieldSupreme Court of Georgia · 1849
  5. Nowell v. HaireSupreme Court of Georgia · 1902

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Heakes v. HeakesSupreme Court of Georgia · 1924
  2. Ingram v. Jackson Mercantile Co.Court of Appeals of Georgia · 1907
  3. Oliver v. JamesSupreme Court of Georgia · 1908
  4. Palmer v. InmanSupreme Court of Georgia · 1906
  5. Rountree v. JonesSupreme Court of Georgia · 1905

7 more not listed; retrieve them via the Exa API.

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