State v. Gaskill
Supreme Court of Georgia
Jurisdiction. Judgments. Nullities. Claims. Before Judge Hillyer. Fulton Superior Court. April Term, 1881. On March 19th, 1872, Charles P. McCalla, as an informer, made affidavit that Varney A. Gaskill was indebted to the state of Georgia the sum of fifteen thousand five hundred and forty-eight dollars and fifteen cents, and that Gaskill was a non resident.
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Jurisdiction. Judgments. Nullities. Claims. Before Judge Hillyer. Fulton Superior Court. April Term, 1881. On March 19th, 1872, Charles P. McCalla, as an informer, made affidavit that Varney A. Gaskill was indebted to the state of Georgia the sum of fifteen thousand five hundred and forty-eight dollars and fifteen cents, and that Gaskill was a non resident. He gave bond, and attachment issued in accordance with the act of December 15th, 1871. A levy was made, and a declaration, in attachment filed March 19th, 1872. During the next term (the April term, 1872,) of Fulton superior court, the…
1Opinion of the Court
Jackson, Chief Justice.
The only question made by this record is, can the superior court render a judgment at the first term, so as to bind third persons, except in cases expressly provided by law ?
The case at bar is between the .state as plaintiff in execution and other parties who claim adversely to the defendant in execution; and these claimants attack the state’s judgment as a nullity against them because it was rendered at the first term of the court, they not being parties to the judgment or assenting thereto. As the judgment was by consent, the defendant would be estopped from attacking…
2Cited by2 opinions
- Harrell v. Davis Wagon Co.Supreme Court of Georgia · 1913
- Ogden Equipment Co. v. Talmadge Farms, Inc.Court of Appeals of Georgia · 1974