Wade v. Wisenant
Supreme Court of Georgia
Justices’ courts. Jurisdiction. Practice. Illegality. Before Judge Milner. Murray superior, court. August term, 1890. An execution in favor of Wisenant against James Stewart and J. C. Wade, which issued from a magistrate’s court of the 824th district Gf. M. of Murray county, was levied upon the property of Wade.
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Justices’ courts. Jurisdiction. Practice. Illegality. Before Judge Milner. Murray superior, court. August term, 1890. An execution in favor of Wisenant against James Stewart and J. C. Wade, which issued from a magistrate’s court of the 824th district Gf. M. of Murray county, was levied upon the property of Wade. He interposed an affidavit of illegality on the following grounds: (1) He was never served with a copy of the summons, or other notice of pendency of the suit, and never by himself or any agent or attorney waived such service or notice, nor did he appear or plead to the suit. (2) When…
1Opinion of the Court
Simmons, Justice.
The facts in this case will he found in the official report. Under those facts the trial judge erred in dismissing the eertiorari. The evidence shows that at the time the suit was brought in the justice’s court, Wade resided in Whitfield county, and not in Murray county where the suit was brought. His affidavit of illegality set up that he was never served with said suit nor did he appear and plead thereto. When the illegality was called for trial in the justice’s court and Wade failed to appear, the magistrate should have dismissed his illegality instead of trying the same…
2Cited by2 opinions
- Bateman v. Smith Gin Co.Supreme Court of Georgia · 1896
- Herrington v. MooreCourt of Appeals of Georgia · 1932