Blue v. Fidelity Deposit Co.

Court of Appeals of Georgia

Blue v. Fidelity Deposit Co.

68 S.E. 331, 7 Ga. App. 777, 1910 Ga. App. LEXIS 512

Court of Appeals of Georgia·Decided June 14, 1910·No. 2324·Published

Opinion

Powell, J.

Though the justice of the peace may have erred in refusing to allow the defendant in mortgage foreclosure to amend his bond, yet it does not appear that he erred in dismissing the affidavit of illegality, it not being disclosed that the affidavit contained any meritorious, legal defense. The action of the judge of the superior court in dismissing the certiorari, brought to review the action of the justice of the peace, is therefore Affirmed.

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Powell, J.

Though the justice of the peace may have erred in refusing to allow the defendant in mortgage foreclosure to amend his bond, yet it does not appear that he erred in dismissing the affidavit of illegality, it not being disclosed that the affidavit contained any meritorious, legal defense. The action of the judge of the superior court in dismissing the certiorari, brought to review the action of the justice of the peace, is therefore Affirmed.

Blue v. Fidelity Deposit Co., 68 S.E. 331, 7 Ga. App. 777, 1910 Ga. App. LEXIS 512 (Ga. Ct. App. 1910).

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