Legal Opinion
Nix v. Baxter
Court of Appeals of Georgia
Decided December 8, 1932No. 22366PublishedCited by 1 opinion
1Opinion of the CourtSutton, J.
1. If the defendant has not been served, and does not appear, he may take advantage of the defect by affidavit of illegality, but if he has had his day in court, he can not go behind the judgment by an affidavit of illegality. Civil Code (1910), § 5311; Fitzgerald Granitoid Co. v. Alpha Portland Clement Co., 15 Ga. App. 174 (82 S. E. 774); Southern Ry. Co. v. Daniels, 103 Ga. 541 (29 S. E. 761); Ragan-Malone Co. v. Padgett, 33 Ga. App. 111, 112 (125 S. E. 605).
2. If a suit is prematurely brought, objection should be made by demurrer, if the defect appears in the petition, or, if not, by plea…
2Cases cited8 opinions
- Fitzgerald Granitoid Co. v. Alpha Portland Cement Co.Court of Appeals of Georgia · 1914
- Southern Railway Co. v. DanielsSupreme Court of Georgia · 1897
- Cooper v. RicketsonCourt of Appeals of Georgia · 1913
- Tumlin v. O'Bryan & Bros.Supreme Court of Georgia · 1881
- Monroe v. Security Mutual Life InsuranceSupreme Court of Georgia · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brandwein v. GreenfieldCourt of Appeals of Georgia · 1961