Beall v. Sinquefield & Co.
Supreme Court of Georgia
Practice in Superior- Court. Judgments. Illegality. Nullities. Before Judge Carswell. Jefferson County. At Chambers. September 7,1883. F. A. Sinquefield & Company brought two suits on. promissory notes against Jesse R. Beall, and obtained judgments thereon in the county court of Jefferson county.
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Practice in Superior- Court. Judgments. Illegality. Nullities. Before Judge Carswell. Jefferson County. At Chambers. September 7,1883. F. A. Sinquefield & Company brought two suits on. promissory notes against Jesse R. Beall, and obtained judgments thereon in the county court of Jefferson county. They?, fas. issued thereunder were levied, and Beall filed affidavits of illegality, on the ground that the judgments were void, because the county judge who rendered them was related in the fourth degree of consanguinity to both of the plaintiffs. This issue was tried by the successor of the judge…
1Opinion of the Court
Hall, Justice.
It is not apparent to us that there was error in the refusal of the judge of the'superior court to sanction this certiorari.
1. The judgment which the county court set aside, upon the defendant’s affidavit of illegality, was not a void judgment, because the judge rendering it was related in equal 'degree to. both the parties'litigant, as appears by admission made in argument here, though differently stated in the petition for certiorari; especially is this so when it appears that no objection was made at the hearing on this ground, and when the judgment had been acquiesced in for…
2Cases cited4 opinions
- Lucas v. LucasSupreme Court of Georgia · 1860
- Hart v. LazaronSupreme Court of Georgia · 1872
- Blount v. WellsSupreme Court of Georgia · 1875
- Harrison v. RutherfordSupreme Court of Georgia · 1876
3Cited by6 opinions
- Adams v. Overland-Madison Co.Court of Appeals of Georgia · 1921
- Parker v. StateSupreme Court of Georgia · 1916
- Wood v. ClarkeSupreme Court of Georgia · 1939
- Mayor of Brunswick v. SimsCourt of Appeals of Georgia · 1914
- Stevens v. HallIdaho Supreme Court · 1902
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