Allen v. Windham

Court of Appeals of Georgia

Allen v. Windham

73 S.E. 28, 10 Ga. App. 169, 1911 Ga. App. LEXIS 698

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1911

Docket3239

StatusPublished

This text of 73 S.E. 28 (Allen v. Windham) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Windham, 73 S.E. 28, 10 Ga. App. 169, 1911 Ga. App. LEXIS 698 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

An. affidavit of illegality was filed to tlie levy of an execution issued on a judgment rendered on a bond for tlie dissolution of a garnishment, on the alleged ground that the summons of garnishment was issued by the clerk of the superior court, who was not authorized to issue summons of garnishment. The recitals contained in the bill of exceptions show that tlie affidavit for garnishment was made before a justice of the peace, and the summons of, garnishment was duly issued by him, and the garnishment proceedings were in all respects regular, and these admissions in the bill of exceptions are corroborated by the Teeord of the garnishment proceedings, specified as a part of the record and transmitted to this court. The judgment dismissing the affidavit of illegality is affirmed. Judgment affirmed.

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Hill, C. J.

An. affidavit of illegality was filed to tlie levy of an execution issued on a judgment rendered on a bond for tlie dissolution of a garnishment, on the alleged ground that the summons of garnishment was issued by the clerk of the superior court, who was not authorized to issue summons of garnishment. The recitals contained in the bill of exceptions show that tlie affidavit for garnishment was made before a justice of the peace, and the summons of, garnishment was duly issued by him, and the garnishment proceedings were in all respects regular, and these admissions in the bill of exceptions are corroborated by the Teeord of the garnishment proceedings, specified as a part of the record and transmitted to this court. The judgment dismissing the affidavit of illegality is affirmed. Judgment affirmed.

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Bluebook (online)

73 S.E. 28, 10 Ga. App. 169, 1911 Ga. App. LEXIS 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-windham-gactapp-1911.