Saint Cecilia's Academy v. Hardin
Supreme Court of Georgia
Corporations. Judgments. Pleadings. Parties. Judicial Cognizance. Before Judge Fain. Bartow Superior Court. January Adjourned Term, 1886. Reported in the decision.
1Opinion of the Court
Clark, Judge.
An action at law was brought in Bartow superior court against Mark A. Hardin by the St. Cecilia’s Academy, without alleging that the plaintiff was a corporation, to which defendant made no plea or other defence; and in this shape final judgment was rendered. After this, when execution was issued on said judgment and levied on defendant’s property, he tendered to the sheriff an affidavit of illegality, which the sheriff refused to receive. This refusal of the sheriff is made the ground of equity jurisdiction, and the writ of injunction to restrain the collection of the fi.fa. was…
2Cases cited2 opinions
- Barbour v. Albany Lodge, No. 24Supreme Court of Georgia · 1884
- J. Ben. Wilson & Co. v. Sprague Mowing Machine Co.Supreme Court of Georgia · 1876
3Cited by19 opinions
- Western & Atlantic Railroad v. Dalton Marble WorksSupreme Court of Georgia · 1905
- Mattox v. StateSupreme Court of Georgia · 1902
- Smith v. Commissioners of Roads & RevenueSupreme Court of Georgia · 1944
- State v. Thacker Coal & Coke Co.West Virginia Supreme Court · 1901
- Clemons v. OlshineCourt of Appeals of Georgia · 1936
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