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Legal Opinion

Atkinson v. Fitzgerald

Court of Appeals of Georgia

Decided January 12, 1933No. 22361PublishedCited by 7 opinions

1Opinion of the CourtStephens, J.

1. There being no statutory provision for contesting the levy of executions for State and county taxes, issued by the tax-collector of a county, the levy of such an execution can not be arrested by affidavit of illegality. Cook v. Colquitt, 29 Ga. App. 494 (116 S. E. 37); Manning v. Phillips, 65 Ga. 548; Fidelity & Casualty Co. v. Whitaker, 172 Ga. 663 (158 S. E. 416). Nor is'sueh remedy by affidavit of illegality applicable to arrest the levy of a tax execution, made for the benefit of a transferee thereof. Manning v. Phillips, 65 Ga. 548. Anything to the contrary in Weems v. Stokes, 66 Ga.…

2Cases cited4 opinions

  1. Fidelity & Casualty Co. v. WhitakerSupreme Court of Georgia · 1931
  2. Manning v. PhillipsSupreme Court of Georgia · 1880
  3. Cook & Kimbrell v. City of ColquittCourt of Appeals of Georgia · 1923
  4. Weems v. StokesSupreme Court of Georgia · 1880

3Cited by7 opinions

  1. Hunt v. StateCourt of Appeals of Georgia · 1960
  2. Conley v. StateCourt of Appeals of Georgia · 1945
  3. Nesbit v. StateCourt of Appeals of Georgia · 1965
  4. Ledbetter Bros. v. FarrarCourt of Appeals of Georgia · 1935
  5. Kelly v. StateCourt of Appeals of Georgia · 1979

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