Mims v. Johnson
Court of Appeals of Georgia
Affidavit of illegality; from city court of Baxley — Judge Padgett. January 19, 1910. • . .
1Opinion of the CourtRussell, J.
1. Where both parties to a cause consent that the court direct a verdict, though each moves that it be directed in his own favor, neither party can complain that the court erred in directing a verdict, though the losing party may except upon the ground that the verdict directed is erroneous.
2. One who, in his affidavit of illegality, alleges that the bond which was the basis of the judgment against him was signed by him in the case in question is estopped thereafter to deny such admission.
3. The defendant having withdrawn all of the grounds of his affidavit of illegality save one, the merits…
2Cited by7 opinions
- Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
- Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
- Stallings v. BrittSupreme Court of Georgia · 1948
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1915
- Groover v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1939
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