Legal Opinion
Hancock v. Tipton Guano Co.
Court of Appeals of Georgia
Decided January 23, 1917No. 7628PublishedCited by 3 opinions
Affidavit of illegality; from- city court of Nashville—Judge Christian. June 5, 1916.
1Opinion of the CourtBloodworth, J.
1. A ground of an affidavit of illegality that “the execution was issued, to the best of affiant’s knowledge and belief, before the overruling of a motion for new trial in the case,” is without merit. Civil Code, § 6020. Besides, this ground is not verified positively and was properly stricken. Sprinz v. Vannucki, 80 Ga. 774 (6 S. E. 816).
2. “If the defendant has had his day in court, he can not go behind the judgment by an affidavit of illegality.” Civil Code, § 5311; Tumlin v. O’Bryan, 68 Ga. 65; Brantley v. Greer, 71 Ga. 11.
3. “Where a court has jurisdiction, it is to be presumed that it…
2Cases cited5 opinions
- Brantley v. GreerSupreme Court of Georgia · 1883
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Tumlin v. O'Bryan & Bros.Supreme Court of Georgia · 1881
- Sprinz v. VannuckiSupreme Court of Georgia · 1888
- Goodman v. BrownCourt of Appeals of Georgia · 1916
3Cited by3 opinions
- Hall v. Eufaula Brick Co.Court of Appeals of Georgia · 1935
- Bisbee v. KnightSupreme Judicial Court of Maine · 1942
- Taylor v. KeownCourt of Appeals of Georgia · 1927