Newton Manufacturing Co. v. White
Supreme Court of Georgia
Injunction. Affidavit of illegality. Practice. Relief Act of 1870. Tax affidavit. Before Judge Greene. Newton. Superior Court. March Term, 1872. On August 1st, 1871, an execution in favor of H. & T. M. White against the Newton Manufacturing Company, as principal, and William R. Phillips and W. F. Davis, securities on appeal, was levied upon certain lands, with the improvements thereon, situated in the county of Newton, “ as the property of defendant.”
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Injunction. Affidavit of illegality. Practice. Relief Act of 1870. Tax affidavit. Before Judge Greene. Newton. Superior Court. March Term, 1872. On August 1st, 1871, an execution in favor of H. & T. M. White against the Newton Manufacturing Company, as principal, and William R. Phillips and W. F. Davis, securities on appeal, was levied upon certain lands, with the improvements thereon, situated in the county of Newton, “ as the property of defendant.” The execution was based on a judg-. ment entered up on September 27th, 1870, for the sum of $3,450 49, besides interests and costs. The…
1Opinion of the Court
Montgomery, Judge.
1. Affidavits of illegality are peculiar to our practice, and lie, generally, when under the practice as it existed before the law allowing them, it would have been necessary to file a bill. The sheriff may receive them and return them to the Court having jurisdiction to try the issues made, or if he choose to reject them on his own responsibility, he can, and not unfrequentlv does do so. In the present case, he elected to reject the affidavit tendered. This left the defendant in fi. fa. to choose which one of his remaining remedies he would rely on: an injunction, or an…
2Cited by12 opinions
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- Williams v. KennedySupreme Court of Georgia · 1910
- Adams v. AdamsSupreme Court of Georgia · 1962
- Werner v. WernerSupreme Court of Georgia · 1943
- Galloway v. Mitchell County Electric Membership Corp.Supreme Court of Georgia · 1940
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