Legal Opinion

Hillis v. Comer & Co.

Court of Appeals of Georgia

Decided August 2, 1915No. 6177PublishedCited by 5 opinions

Affidavit of illegality; from city court of Waynesboro — Judge Davis. October 29, 1914.

1Opinion of the CourtBroyles, J.

> 1. Upon its former appearance before this court (Hillis v. Comer & Co., 14 Ga. App. 30 (79 S. E. 930), the judgment of the court below in this case was reversed upon two grounds: £1) that, the copy of the mortgage attached to the affidavit of foreclosure not being sufficiently verified to meet the requirements of the statute, the court erred in overruling the affidavit of illegality, and (2) because there was no evidence then in the case which showed that the guano sold by the plaintiff to the defendant was used in the cultivation of the cotton levied upon, and, therefore, that the…

2Cases cited5 opinions

  1. Savannah, Florida & Western Railway Co. v. ChaneySupreme Court of Georgia · 1898
  2. Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1893
  3. Charleston & Western Carolina Railway Co. v. MillerSupreme Court of Georgia · 1902
  4. Seaboard Air-Line Railway v. RandolphSupreme Court of Georgia · 1906
  5. Hillis v. Comer & Co.Court of Appeals of Georgia · 1913

3Cited by5 opinions

  1. Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
  2. Milton v. MiltonSupreme Court of Georgia · 1942
  3. Southeastern Wholesale Furniture Co. v. Atlanta Metallic Casket Co.Court of Appeals of Georgia · 1951
  4. Ducros v. Peoples Drug StoreCourt of Appeals of Georgia · 1918
  5. Milton v. MiltonSupreme Court of Georgia · 1942

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