Bland v. Strange
Supreme Court of Georgia
Evidence. Before Judge Herschel V. Johnson. Wash-ton Superior Court. October Term, 1873. An execution in favor of Richard B, Strange et al., administrators of John J. Strange, deceased, vs. John Bland, based upon a judgment for $150 00 principal, besides interest and costs, rendered at the April term, 1871, of Washington superior court, was levied upon certain lands.
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Evidence. Before Judge Herschel V. Johnson. Wash-ton Superior Court. October Term, 1873. An execution in favor of Richard B, Strange et al., administrators of John J. Strange, deceased, vs. John Bland, based upon a judgment for $150 00 principal, besides interest and costs, rendered at the April term, 1871, of Washington superior court, was levied upon certain lands. The defendant filed an affidavit of illegality upon the ground that the property was exempt from levy and sale, having been set apart to him as a homestead under the Act of 1868. Upon the issue thus formed, the plaintiffs…
1Opinion of the Court
McCay, Judge.
Whilst I fully recognize the existence as well as the importance, both to parties and to the public, of the rule that judgments are conclusive as to all matters put in issue, or which, under the rules of law, might have been put in issue, I am still of opinion that the court was in error in refusing to permit the affiant to show the true date at which the debt upon which the judgment was founded was contracted, and that there was nothing in the proposal to do this infringing, or in the least interfering with, the integrity of the rule to which I have alluded.
It must be noted in…
2Cited by3 opinions
- Busby v. MarshallSupreme Court of Georgia · 1906
- Heath v. BatesSupreme Court of Georgia · 1883
- Holcombe v. ParkerCourt of Appeals of Georgia · 1958