Smith v. Kennedy
Supreme Court of Georgia
Affidavit of illegality. Before A. S. Bussey, judge pro hac vice. City court of Wrightsville. November 17, 1905.
1Opinion of the CourtCobb, P. J.
O. A. Kennedy obtained a judgment against E. K. Smith and B. M. Dent. To the levy of an execution issued thereon the defendants interposed an affidavit of illegality. It appeared that the judgment was obtained against the defendants as principal and security in a bond given to dissolve a garnishment sued out .against Smith by Kennedy. The judgment recited that prior to its rendition Kennedy had “obtained the judgment of the court against the funds against which garnishment was issued.” At the trial of the illegality the clerk of the court testified that he had searched the records and had…
2Cases cited3 opinions
- Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
- Garden v. CrutchfieldSupreme Court of Georgia · 1900
- Henry v. Lennox-Haldeman Co.Supreme Court of Georgia · 1902
3Cited by6 opinions
- Roberts v. SeanorCourt of Appeals of Georgia · 1932
- Allen v. Atlanta Furniture Co.Court of Appeals of Georgia · 1934
- American Agricultural Chemical Co. v. Bank of MadisonCourt of Appeals of Georgia · 1925
- Kuniansky v. HoganCourt of Appeals of Georgia · 1911
- Simerly v. BrooksCourt of Appeals of Georgia · 1917
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