Legal Opinion
Powell v. Powell
Court of Appeals of Georgia
Decided February 12, 1957No. 36566PublishedCited by 4 opinions
1Opinion of the CourtTownsend, J.
“No affidavit of illegality shall be received by any sheriff, or other executing officer, until a levy shall have been made.” Code § 39-1003. An affidavit of illegality interposed by the defendant in the main case to a garnishment proceeding should be dismissed where it does not appear that there was any levy upon the property of the defendant. Carter v. Alma State Bank, 34 Ga. App. 766 (131 S. E. 184); Jackson v. v. Barksdale, 17 Ga. App. 461 (87 S. E. 691); McClenton v. Wetherington, 89 Ga. App. 61 (78 S. E. 2d 550). From the record in this case it appears only that the defendant in error…
2Cases cited6 opinions
- Rainey v. Eatonton Co-Operative Creamery Inc.Court of Appeals of Georgia · 1943
- Jackson v. BarksdaleCourt of Appeals of Georgia · 1916
- Pope v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1942
- Carter v. Alma State BankCourt of Appeals of Georgia · 1926
- Jackson v. HoganCourt of Appeals of Georgia · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Lamb v. Allstate Insurance Co.Court of Appeals of Georgia · 1961
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975