Harbig v. Freund & Co.
Supreme Court of Georgia
Illegality. Judgments. Justice Courts. Constitutional Law. Before Judge SNEAD. Richmond County. At Chambers. August 1, 1882. A fi: fa. in favor of Freund & Company vs. Harbig was levied on certain realty. The defendant interposed an affidavit of illegality on the grounds stated in the decision.
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Illegality. Judgments. Justice Courts. Constitutional Law. Before Judge SNEAD. Richmond County. At Chambers. August 1, 1882. A fi: fa. in favor of Freund & Company vs. Harbig was levied on certain realty. The defendant interposed an affidavit of illegality on the grounds stated in the decision. The case was carried to the superior court by appeal, and there was submitted to the judge without a jury, the facts having been agreed upon and reduced to writing to be used on the trial. ' The place of holding the justice court from which the fi. fa. issued appears to have been destroyed, and a…
1Opinion of the Court
Crawford, J ustice.
The levy of a fi. fa. in favor of the defendants in error was met by the plaintiff in error in this case, with an affidavit of illegality, alleging the judgment on which'it was founded void upon the following grounds:
(1.) Because the justice court of the 398th district, G. *183M., from which the said ft. fa. issued, had no jurisdiction over him when the judgment was rendered, as he was not a resident of that district, but of the I22d.
(2.) Because the judgment was rendered at a place which was not the place legally appointed for holding the court in the 398th district, G. M.
(3.)…
2Cases cited4 opinions
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