Opinion

Brown v. Webb

  • 121 Ga. 281
  • 48 S.E. 917
  • 1904 Ga. LEXIS 109
Court
Supreme Court of Georgia
Filed
Nov 12, 1904
Status
Published
Author
Simmons
On the bench
Simmons
Cited by
5 cases
Authority
More cited than 83.6%

The opinion

Simmons, C. J.

1. On the trial of an affidavit of illegality to an execution, the defendant in execution can not go behind the judgment on which the execution is based, by showing that the judgment was rendered without sufficient evidence.

2. Where in an action in a justice’s court upon a sworn account there was service upon the defendant by leaving a copy of the summons and account at her most notorious place of abode, and defendant did not appear or plead, and judgment was rendered in favor of the plaintiff, such judgment is conclusive as against an affidavit of illegality based upon the ground that plaintiff had introduced no evidence save the verified accountand that judgment could not legally have been rendered by default, because there had been no personal service upon the defendant. Greene v. Oliphant, 64 Ga. 565 . Judgment affirmed.

All the Justices concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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