Mitchell v. Braswell
Supreme Court of Georgia
Justice Courts. Practice. Judgments. Jurisdiction. Waiver. Before Judge Rice. Gwinnett Superior Court. March Term, 1877. Reported in the decision.
1Opinion of the Court
Warner, Chief Justice.
It appears from the record in this case, that Mitchell sued 'Simmons in a justice court, on an account for $75.75. Simmons pleaded as a set-off, an account against Mitchell for the sum of $158.28. On the trial of the case, the justice gave a judgment in favor of the defendant against the plaintiff, for the sum of $100.00, upon which an execution issued for that amount, which was assigned to Braswell, and levied on Mitchell’s property. Mitchell filed an affidavit of illegality to the execution, in which he alleged that the judgment on which the execution issued was void,…
2Cases cited1 opinion
- Reid v. JordanSupreme Court of Georgia · 1876
3Cited by7 opinions
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
- White v. MandevilleSupreme Court of Georgia · 1884
- Smith v. BryanSupreme Court of Georgia · 1878
- West v. McWhorterSupreme Court of Georgia · 1914
- Lowe v. BurkettSupreme Court of Georgia · 1880
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