Robison v. Banks
Supreme Court of Georgia
Illegality, in Muscogee Superior Court. Tried before Judge Worrill, June Adjourned Term, 1854. Alexander J. Robison summoned John Banks as a witness for Mm, in nine several cases, serving a subpoena in each case. Banks swore that he attended eight days at one term and thirty-eight days at another term, and caused the subpoenas thus proven to be levied on a city lot. Robison made “ an • affidavit of illegality,” alleging — 1st. That Banks did not attend as alleged. ' 2nd.
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Illegality, in Muscogee Superior Court. Tried before Judge Worrill, June Adjourned Term, 1854. Alexander J. Robison summoned John Banks as a witness for Mm, in nine several cases, serving a subpoena in each case. Banks swore that he attended eight days at one term and thirty-eight days at another term, and caused the subpoenas thus proven to be levied on a city lot. Robison made “ an • affidavit of illegality,” alleging — 1st. That Banks did not attend as alleged. ' 2nd. That the presiding Judge announced, early in each Court, that the cases would not be tried, unless -he could get another…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
The Court below decided, that the levy of a certified subpoena-account on land, is a matter which cannot be reached by affidavit of illegality. This decision is the first assigned as erroneous.
A part of the thirty-second section of the Judiciary Act of 1799, is as follows: “In all cases where execution shall issue *213‘illegally, and the person against whom such- execution may be, shall make oath thereof, and shall state the causes of such-illegality, such Sheriff shall return’the same to-the next term of the Court out of which the same issued,,…
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