Cook & Kimbrell v. City of Colquitt

Court of Appeals of Georgia

Cook & Kimbrell v. City of Colquitt

116 S.E. 37, 29 Ga. App. 494, 1923 Ga. App. LEXIS 87

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1923

Docket13636

StatusPublished

Cited by3 cases

This text of 116 S.E. 37 (Cook & Kimbrell v. City of Colquitt) 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.

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Cook & Kimbrell v. City of Colquitt, 116 S.E. 37, 29 Ga. App. 494, 1923 Ga. App. LEXIS 87 (Ga. Ct. App. 1923).

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Opinion

Stephens, J.

1. The remedy by affidavit of illegality is purely statutory, and, as provided in the general statutes of this State (Civil Code of 1910, §. 5305 et seq.), applies only to the arrest of executions based upon judgments of courts, arid not to the arrest of executions issued ex parte by some ministerial officer as a city clerk. See, in this connection, Cochran v. Whitworth, 21 Ga. App. 406 (94 S. E. 609); Hill v. DeLaunay, 34 Ga. 427; Manning v. Phillips, 65 Ga. 548; City of Atlanta v. Jacobs, 125 Ga. 523 (54 S. E. 534).

2. There being no statutory provision for arresting by affidavit of illegality an execution issued by the city clerk of the City of Colquitt under the authority of section 21 of the act incorporating the City of Colquitt (Ga. L. 1915, p. 534), an affidavit of illegality, interposed to such an execution and returned to the superior court of Miller county, was properly dismissed.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

1. The remedy by affidavit of illegality is purely statutory, and, as provided in the general statutes of this State (Civil Code of 1910, §. 5305 et seq.), applies only to the arrest of executions based upon judgments of courts, arid not to the arrest of executions issued ex parte by some ministerial officer as a city clerk. See, in this connection, Cochran v. Whitworth, 21 Ga. App. 406 (94 S. E. 609); Hill v. DeLaunay, 34 Ga. 427; Manning v. Phillips, 65 Ga. 548; City of Atlanta v. Jacobs, 125 Ga. 523 (54 S. E. 534).

2. There being no statutory provision for arresting by affidavit of illegality an execution issued by the city clerk of the City of Colquitt under the authority of section 21 of the act incorporating the City of Colquitt (Ga. L. 1915, p. 534), an affidavit of illegality, interposed to such an execution and returned to the superior court of Miller county, was properly dismissed.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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116 S.E. 37, 29 Ga. App. 494, 1923 Ga. App. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-kimbrell-v-city-of-colquitt-gactapp-1923.

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