Legal Opinion

Weaver v. Tuten

Supreme Court of Georgia

Decided August 10, 1915PublishedCited by 6 opinions

Affidavit of- illegality of execution. Before Judge Conyers. Appling superior court. March 10, 1914.

1Opinion of the CourtEvans, P. J.

1. Pending an issue formed on an affidavit of illegality to the levy of an execution, the judgment was amended, by order of court, to conform to the verdict on .which it was predicated, and the execution was amended to conform to the amended judgment. The amendment of the judgment and execution did not cause the levy to fall (Civil Code of 1910, § 5697) ; and those grounds of illegality based on the variance between the verdict and judgment before amendment were properly stricken.

2. If a verdict, upon which a judgment is rendered by a court having jurisdiction of the subject-matter and…

2Cases cited3 opinions

  1. People ex rel. Adams v. Goss & Phillips Manufacturing Co.Illinois Supreme Court · 1881
  2. Blair v. ComptonMichigan Supreme Court · 1876
  3. Wagner v. MarpleCourt of Appeals of Texas · 1895

3Cited by6 opinions

  1. Fourth National Bank v. Swift & Co.Supreme Court of Georgia · 1925
  2. Fourth National Bank v. Swift & Co.Court of Appeals of Georgia · 1924
  3. Haygood v. Clark Co.Court of Appeals of Georgia · 1923
  4. Tompkins v. American Land Co.Court of Appeals of Georgia · 1920
  5. Broyles v. JohnsonCourt of Appeals of Georgia · 1962

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