Hill v. DeLaunay
Supreme Court of Georgia
Motion to Dismiss Levy. Decided by Judge OLA~E. In stewart Superior Oourt. April Term, 186g. A ±1. fa. bearing date July 2~th, 18~1, in favor of De-Launay against Hill, was, on the 2d of ~ovember, 18G5, levied by the sheriff upon certain property, real and personal, a part of which was the plantation upon which Hill then resided. The plantation was so described in the levy, as entered by the sheriff on the fi. fa.
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Motion to Dismiss Levy. Decided by Judge OLA~E. In stewart Superior Oourt. April Term, 186g. A ±1. fa. bearing date July 2~th, 18~1, in favor of De-Launay against Hill, was, on the 2d of ~ovember, 18G5, levied by the sheriff upon certain property, real and personal, a part of which was the plantation upon which Hill then resided. The plantation was so described in the levy, as entered by the sheriff on the fi. fa. At April Term, 1866, of Stewart Superior Court, TIill, the defendant in, fi. fa., moved to dismiss the levy on the ground that the same was made on the 2d of November, 1865, it not…
1Opinion of the Court
Lumpkin, O. J.
Ought the Court to have sustained the plaintiff’s motion on the ground that an affidavit of Illegality by the defendant was the only remedy ?
The proceeding by illegality, given by our statute, has been substituted for the writ of Audita Qu&rela in England. Formerly, that writ was resorted to to cox'rect all errors which are redressed here by illegality. The remedy by illegality is cumulative, not exclusive. In modern practice, the writ of Audita Querela has been superseded almost entirely by motion. Bomier’s Law Dictionary, p. 142, 2d clause, under the head' of Audita Querela:…
2Cited by7 opinions
- Manning v. PhillipsSupreme Court of Georgia · 1880
- State v. JeterSupreme Court of Georgia · 1878
- Saylor v. WilliamsCourt of Appeals of Georgia · 1956
- Sims v. Hatcher & WilkersonSupreme Court of Georgia · 1887
- Mathews v. HillyerSupreme Court of Florida · 1880
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