Anderson v. First National Bank

Court of Appeals of Georgia

Anderson v. First National Bank

103 S.E. 806, 25 Ga. App. 610, 1920 Ga. App. LEXIS 102

Court of Appeals of Georgia·Decided August 13, 1920·No. 11183·Published

Opinion

Jenkins, P. J.

Exception is taken to the overruling and dismissal of an affidavit of illegality in which it was alleged that the fi. fa. was proceeding illegally for the reason that, although it was issued after the filing in the court below of the remittitur from this court, it was issued before the remittitur was made the judgment of that court. Held: The affidavit of illegality presented no valid reason why the proceeding under the fi. fa. should be suspended. Civil Code (1910), § 6217; Knox v. State, 113 Ga. 929 (1) (39 S. E. 330).

Judgment affirmed.

Stephens and Smith, JJ., concur. A. S. Anderson, for plaintiffs in error. W. Woodrum, contra.

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Jenkins, P. J.

Exception is taken to the overruling and dismissal of an affidavit of illegality in which it was alleged that the fi. fa. was proceeding illegally for the reason that, although it was issued after the filing in the court below of the remittitur from this court, it was issued before the remittitur was made the judgment of that court. Held: The affidavit of illegality presented no valid reason why the proceeding under the fi. fa. should be suspended. Civil Code (1910), § 6217; Knox v. State, 113 Ga. 929 (1) (39 S. E. 330).

Judgment affirmed.

Stephens and Smith, JJ., concur. A. S. Anderson, for plaintiffs in error. W. Woodrum, contra.

Anderson v. First National Bank, 103 S.E. 806, 25 Ga. App. 610, 1920 Ga. App. LEXIS 102 (Ga. Ct. App. 1920).

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