Warwick Gin & Cotton Co. v. Continental Gin Co.
Supreme Court of Georgia
Affidavit of illegality of execution. Before Judge George. Crisp superior court. March 10, 1914. An execution in favor of the Continental Gin Company, issued upon a judgment of the superior court of Crisp county, was levied upon certain property as the property of the Warwick Gin and Cotton Company.
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Affidavit of illegality of execution. Before Judge George. Crisp superior court. March 10, 1914. An execution in favor of the Continental Gin Company, issued upon a judgment of the superior court of Crisp county, was levied upon certain property as the property of the Warwick Gin and Cotton Company. The last-named company, defendant in fi. fa., interposed an affidavit of illegality, setting up that the execution was proceeding illegally on the grounds, (1) that the defendant in fi. fa. had had no service or notice of the filing or the pend-ency of the suit which resulted in the judgment upon…
1Opinion of the CourtBeck, J.
(After stating the facts.) The court properly held *511that the illegality should be dismissed and that the fi. fa. should proceed. Under the agreed statement of facts set forth above,.the defendant was duly served. Although the officer serving the suit and process upon the defendant in fi. fa. was, at the time of making such service, a non-resident of Crisp county, and for that reason ineligible to the office which he was filling (because the act which annexed the territory in which he was living to the county of Crisp was unconstitutional, null and void), still he was a de facto officer, and,…
2Cases cited6 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- New England Mortgage Security Co. v. WatsonSupreme Court of Georgia · 1896
- Ansley Co. v. O'ByrneSupreme Court of Georgia · 1904
- Godbee v. StateSupreme Court of Georgia · 1914
- LeMaster v. OrrSupreme Court of Georgia · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Mason v. FisherCourt of Appeals of Georgia · 1977
- Mason v. Stevens Warehouse Co.Court of Appeals of Georgia · 1931
- Tifton Compress Co. v. RobinsonCourt of Appeals of Georgia · 1923
- Georgia Creosoting Co. v. MoodyCourt of Appeals of Georgia · 1930