Brown v. Webb

Supreme Court of Georgia

Brown v. Webb

48 S.E. 917, 121 Ga. 281, 1904 Ga. LEXIS 109

CourtSupreme Court of Georgia

DecidedNovember 12, 1904

StatusPublished

Cited by5 cases

This text of 48 S.E. 917 (Brown v. Webb) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Webb, 48 S.E. 917, 121 Ga. 281, 1904 Ga. LEXIS 109 (Ga. 1904).

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

48 S.E. 917, 121 Ga. 281, 1904 Ga. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-webb-ga-1904.

Opinion

Related

Cite This Page — Counsel Stack