Georgia Court of Appeals, 1920

Taylor v. Holmes

Georgia Court of Appeals · Decided July 13, 1920 · No. 11501 · Bloodworth

25 Ga. App. 422; 103 S.E. 687; 1920 Ga. App. LEXIS 852

Cases that cite this one

1 later published case cites this decision.

Barnes v. West Publishing Co. (Ga. Ct. App. 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Bloodworth, J.

“ 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.

Broyles, C. J., and Luke, J., concur.

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