Bellinger v. Mutual Benefit Industrial Life Insurance Ass'n
Court of Appeals of Georgia
Certiorari; from .Chatham, superior court—Judge Meldrim. January 14, 1918. . An execution issued by a,justice’s court in the City of Sa/annah , was attacked on grounds which in substance were: (1) that the justice’s court was without jurisdiction to render a money judgment in a proceeding in which such a judgment was not sought, but which was merely an attempt to obtain specific performance under an alleged contract; and (2) that the judgment was not rendered on the regular…
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Certiorari; from .Chatham, superior court—Judge Meldrim. January 14, 1918. . An execution issued by a,justice’s court in the City of Sa/annah , was attacked on grounds which in substance were: (1) that the justice’s court was without jurisdiction to render a money judgment in a proceeding in which such a judgment was not sought, but which was merely an attempt to obtain specific performance under an alleged contract; and (2) that the judgment was not rendered on the regular day fixed for the holding of the court,, and the defendant, although it had filed with the justice a demurrer • to the…
1Opinion of the CourtJenkins, J.
1. Where in'a petition for' certiorari a plaintiff in fi. fa. in an illegality proceeding set forth the grounds of the affidavit- of illegality filed by the defendant, and alleged that “No facts were necessary to a determination of the issues involved, the questions presented being exclusively questions of law”, and assigned error solely upon the following grounds, to wit: 1st, because the court overruled petitioner’s motion to strike the several stated grounds of the affidavit of illegality, for the reason that they or none of them presented any matter of defense; and 2d, because the court…
2Cases cited5 opinions
- Bedingfield v. First National BankCourt of Appeals of Georgia · 1908
- Lott v. Wood & BrotherSupreme Court of Georgia · 1911
- Hartsfield v. MorrisSupreme Court of Georgia · 1892
- Continental Fertilizer Co. v. PassCourt of Appeals of Georgia · 1910
- Freeman v. GaitherSupreme Court of Georgia · 1886