Stanford & Golden v. Bradford
Supreme Court of Georgia
Attacking Judgments. Before Judge Johnson. Muscogee Superior Court. May Term, 1871. There was in the hands of Bradford, sheriff, a fund raised by the sale of the joint or partnership property of “steamer Chipóla and owners.’’ Booher, Fee & Company had the oldest judgment, but Stanford & Golden’s counsel introduced the record upon which the judgment was founded, and showed that, 1st. One of the joint owners was never served; and contended, 2d.
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Attacking Judgments. Before Judge Johnson. Muscogee Superior Court. May Term, 1871. There was in the hands of Bradford, sheriff, a fund raised by the sale of the joint or partnership property of “steamer Chipóla and owners.’’ Booher, Fee & Company had the oldest judgment, but Stanford & Golden’s counsel introduced the record upon which the judgment was founded, and showed that, 1st. One of the joint owners was never served; and contended, 2d. That the judgment of Booher, Fee & Company was bad, because the record showed that they sued defendants as joint owners upon a credit given to them as…
1Opinion of the Court
McCay, Judge.
1. This case turns upon the construction to be given to section 3538 of the Code. That section provides that creditors and bona fide purchasers may attack a judgment for any defect appearing on the face of the record, or pleading, or for fraud or collusion, whenever and wherever it interferes with their rights.
Does this mean that a creditor or bona fide purchaser may attack a judgment, etc., for a mere irregularity ? That, in one sense of the word, is a defect, it is true; but this section is to be taken with section 3536, which provides that judgments shall not be attacked…
2Cited by22 opinions
- Neal-Millard Co. v. OwensSupreme Court of Georgia · 1902
- Barclay v. KimseySupreme Court of Georgia · 1884
- Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
- Rollins v. Personal Finance Co.Court of Appeals of Georgia · 1934
- Deck v. ShieldsSupreme Court of Georgia · 1943
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