Monroe v. Security Mutual Life Insurance
Supreme Court of Georgia
Illegality. Before Judge Smith. City court of Yaldosta. Janu•■ary 17, 1906.
1Opinion of the CourtEvans, J.
The nature and scope of the grounds of the affidavit ■of illegality are so fully embraced in the headnotbs that a more ■elaborate statement of the facts is unnecessary. The defendant ■does not attack the validity of the judgment; the object of this-il*550legality is not to be delivered from an unjust'judgment by setting it aside, but to resist the execution on account of the alleged injustice of the plaintiff who seeks to enforce it. A defendant may resist an execution by successfully showing that he had a good defense to the suit, which he was induced to abandon because of an agreement with the…
2Cases cited1 opinion
- Shorter v. Moore, Trimble & Co.Supreme Court of Georgia · 1871
3Cited by6 opinions
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Smith v. MurpheySupreme Court of Georgia · 1913
- Daniel v. Joseph Rosenheim Shoe Co.Supreme Court of Georgia · 1921
- Wilcox v. Bank of HazlehurstCourt of Appeals of Georgia · 1919
- Nix v. BaxterCourt of Appeals of Georgia · 1932
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