Taylor v. Holmes
Taylor v. Holmes
25 Ga. App. 422; 103 S.E. 687; 1920 Ga. App. LEXIS 852
Taylor v. Holmes
Opinion of the Court
“ An affidavit of illegality is not the proper remedy to arrest an execution and set aside a judgment, upon the ground that at the time of its rendition by the court, as being by default, there was an issuable plea of file and undisposed of.” Tumlin v. O’Bryan, 68 Ga. 65 (1). See also Greene v. Oliphant, 64 Ga. 566 (1) ; Brown v. Webb, 121 Ga. 281 (1) (48 S. E. 917). The court properly refused to sanction the certiorari.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.