Padgett v. Waters
Court of Appeals of Georgia
Affidavit of illegality, from Tattnall superior court — Judge Kawlings. October 30, 1907. A justice’s court execution against B. D. Kicklighter and J. B. Waters, administrator on the estate of D. L. Waters, deceased, was levied by a constable on certain land “as the property of J. B. Waters, administrator on the estate of D. L. Waters;” and an affidavit of illegality was interposed by J. B. Waters, as such administrator, on the following grounds: “1st. Because said fi. fa.…
Read the full summary
Affidavit of illegality, from Tattnall superior court — Judge Kawlings. October 30, 1907. A justice’s court execution against B. D. Kicklighter and J. B. Waters, administrator on the estate of D. L. Waters, deceased, was levied by a constable on certain land “as the property of J. B. Waters, administrator on the estate of D. L. Waters;” and an affidavit of illegality was interposed by J. B. Waters, as such administrator, on the following grounds: “1st. Because said fi. fa. fails to direct that it be levied upon the property to be found in the hands of affiant as administrator, said fi. fa.…
1Opinion of the CourtHill, C. J.
1. Under the Civil Code, §4738, when an affidavit of illegality is filed on the levy of an execution, it is the duty of the levying officer to “return the execution, affidavit, and bond, to the next term of the court from which the execution issued.” 'No exception to this rule arises by reason of the fact that the levy is upon land.
2. Where an execution issues from a justice’s court and is levied upon land, and an affidavit of illegality is filed, it is the duty of the levying officer to return the papers to the justice’s court for trial; and the superior court has no jurisdiction of the…
2Cited by2 opinions
- Scott v. Mayor of Mount AirySupreme Court of Georgia · 1938
- Allen v. GiddensCourt of Appeals of Georgia · 1968