Legal Opinion
Cunnard v. Childs
Court of Appeals of Georgia
Decided December 19, 1911No. 3255PublishedCited by 3 opinions
Affidavit of illegality; from city court of Covington — Judge Wbaley.
1Opinion of the CourtRussell, J.
A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).
Judgment affirmed.
2Cases cited2 opinions
- Bird v. BurgsteinerSupreme Court of Georgia · 1899
- Steele v. Atlanta Land Improvement Co.Supreme Court of Georgia · 1892
3Cited by3 opinions
- City of Albany v. ParksCourt of Appeals of Georgia · 1939
- Griffin v. H. C. Whitmer Co.Court of Appeals of Georgia · 1938
- Rivers v. CoxCourt of Appeals of Georgia · 1924