Legal Opinion

Kamp Kill Kare v. Liabastre

Court of Appeals of Georgia

Decided November 7, 1953No. 34861Published

1Opinion of the CourtSxjtton, C. J.

Kamp Kill Kare, a corporation, sued Albert Liabastre in the City Court of Savannah, on an account which was sworn to, and a judgment by default was rendered against the defendant on November 12, 1951. The execution issued on this judgment was levied on described personal property, to which levy the defendant, on March 19, 1952, filed an affidavit of illegality, setting up that the default judgment was void, for the reason that he was never legally served with a copy of the suit, nor did he waive service, or appear and plead to the suit; that he had never had his day in court; and that the…

2Cases cited3 opinions

  1. Parker v. Rosenheim & Co.Supreme Court of Georgia · 1896
  2. Jeanes v. Mayor of MilledgevilleCourt of Appeals of Georgia · 1932
  3. McLendon v. LemonCourt of Appeals of Georgia · 1949

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