Supreme Court of Georgia, 1886

Rogers v. Felker

Rogers v. Felker
Supreme Court of Georgia · Decided July 1, 1886 · Blandford
1 Ga. L. Rep. 383

Rogers v. Felker

Opinion of the Court

Blandford, J. โ€”

Where a justice's court has jurisdiction of the parties and subject matter, the fact that the justice is related to one of the parties within the fourth degree of consanguinity does not render his judgment absolutely void, but only voidable, and it cannot be attacked by affidavit of illegality on that ground. Code, ยง205; 62 Ga , 39; 16 Eng., L. and Eq., 63; 45 Ala., 496.

(a) Illegality will not lie because the levy is excessive. 57 Ga., 68.

Judgment affirmed.

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