Day v. Bank of Sparks
Court of Appeals of Georgia
Affidavit of illegality; from city court of Nashville—Judge Lovett. August 33, 1919. The affidavit of illegality was interposed by Mrs. H. A. Day in March, 1918, to an execution based on a judgment rendered against her and Ed.
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Affidavit of illegality; from city court of Nashville—Judge Lovett. August 33, 1919. The affidavit of illegality was interposed by Mrs. H. A. Day in March, 1918, to an execution based on a judgment rendered against her and Ed. Courson in favor of the Bank of Sparks in the city court of Nashville on February-38, 1918. The grounds of the affidavit were: This defendant has never had her day in court, has never been served with a copy of said original suit, had no notice of the pendency of the suit until after judgment, did not waive service, and did not appear and plead to the suit. She…
1Opinion of the CourtSmith, J.
The affidavit of illegality in this case contained all the material allegations required by law, and therefore the court erred in dismissing it.
Judgment reversed.
Jenkins, P. J., and Stephens, J., concur. Story & Story, for plaintiff in error,
cited: Park’s Cgde, §§ 5305-7, 5311, and annotations.
TF. R. Smith, contra,
cited: 59 Ga. 467; 14 Ga. App. 790; 15 Ga. App. 162; 49 Ga. 579; 55 Ga. 677; 101 Ga. 763; 63 Ga. 481-3; 99 Ga. 145.
2Cases cited4 opinions
- Rawlings v. BrownCourt of Appeals of Georgia · 1914
- Georgia Railway & Power Co. v. DavisCourt of Appeals of Georgia · 1914
- Lamb v. DozierSupreme Court of Georgia · 1876
- Knight v. JonesSupreme Court of Georgia · 1879
3Cited by1 opinion
- Day v. Bank of SparksCourt of Appeals of Georgia · 1921