McLeod v. Bird
Court of Appeals of Georgia
Affidavit of illegality; from city court of Reidsville — Judge Collins. June 3, 1913.
1Opinion of the CourtPottle, J.
The issue tried arose upon an affidavit of illegality, which, set up that the judgment was void because the defendant had never been legally notified of the pendency of the suit and did not waive service by appearing and pleading or otherwise. The affiant insists that the court erred in holding that he carried the burden of establishing the truth of his affidavit of illegality, on account of the fact that there had been no joinder of issue. It has been distinctly held by the Supreme Court that where the parties in an illegalit}' case do not join issue in writing, the facts stated in the…
2Cases cited2 opinions
- Thompson v. FainSupreme Court of Georgia · 1913
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
3Cited by8 opinions
- Beavers v. CassellsCourt of Appeals of Georgia · 1937
- Mobley v. GoodwynCourt of Appeals of Georgia · 1928
- Barton v. Watkins Co.Court of Appeals of Georgia · 1923
- Bosson v. BossonCourt of Appeals of Georgia · 1968
- Owen v. CunninghamCourt of Appeals of Georgia · 1965
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