Legal Opinion

Sprinz v. Vannucki

Supreme Court of Georgia

Decided May 28, 1888PublishedCited by 7 opinions

Affidavit of illegality. Verification. Executors. Before Judge Harris. City court of Macon. December term, 1887. Reported in the decision.

1Opinion of the Court

Simmons, Justice.

Yannucki, as transferee of an execution against Jacob Russell, had the same levied upon certain property of Russell, after the death of the latter. Sprinz, the executor of Russell, filed an illegality to this execution, setting up that the execution had been paid off. The executor swore that .the statements in the affidavit of illegality were true “to the best of deponent’s knowledge and belief; and that this affidavit is based upon the testimony of reliable witnesses.” On motion of the plaintiff, the illegality was dismissed for want of sufficiency in the affidavit. Sprinz…

2Cases cited1 opinion

  1. Stancel v. PuryearSupreme Court of Georgia · 1877

3Cited by7 opinions

  1. Herring v. StateSupreme Court of Georgia · 1904
  2. Plant & Son v. Mutual Life InsuranceSupreme Court of Georgia · 1893
  3. Central of Georgia Railway Co. v. DickersonCourt of Appeals of Georgia · 1914
  4. Winn v. MillerSupreme Court of Georgia · 1911
  5. City of Macon v. WhittingtonSupreme Court of Georgia · 1930

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