Georgia Court of Appeals, 1911

Cunnard v. Childs

Cunnard v. Childs
Georgia Court of Appeals · Decided December 19, 1911 · Russell
10 Ga. App. 175; 73 S.E. 20; 1911 Ga. App. LEXIS 700

Cunnard v. Childs

Opinion of the Court

Russell, J.

A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).

Judgment affirmed.

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