Burgess v. Calhoun National Bank

Court of Appeals of Georgia

Burgess v. Calhoun National Bank

112 S.E. 292, 28 Ga. App. 534, 1922 Ga. App. LEXIS 663

CourtCourt of Appeals of Georgia

DecidedMay 9, 1922

Docket13217

StatusPublished

Cited by1 cases

This text of 112 S.E. 292 (Burgess v. Calhoun National Bank) 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

Burgess v. Calhoun National Bank, 112 S.E. 292, 28 Ga. App. 534, 1922 Ga. App. LEXIS 663 (Ga. Ct. App. 1922).

Pincite

Opinion

Luke, J.

1. The motion to dismiss the bill of exceptions on the ground that no defendant in error is named therein, is without merit. See Joiner v. Singletary, 106 Ga. 257 (32 S. E. 90).

2. The affidavit of illegality was not signed by the person against. whom the execution issued, as required by section 5305 of the Civil Code of 1910; nor were the grounds of the affidavit verified positively. The affidavit was therefore a nullity, and the court did not err in dismissing it on motion. Sprinz v. Vannucki, 80 Ga. 774 (6 S. E. 816); Winn v. Miller, 136 Ga. 388, 390 (71 S. E. 658.)

Judgment affirmed.

Broyles, C. J., and Bloodworth, J., concur.

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