Cunnard v. Childs

Court of Appeals of Georgia

Cunnard v. Childs

73 S.E. 20, 10 Ga. App. 175, 1911 Ga. App. LEXIS 700

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1911

Docket3255

StatusPublished

Cited by3 cases

This text of 73 S.E. 20 (Cunnard v. Childs) 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

Cunnard v. Childs, 73 S.E. 20, 10 Ga. App. 175, 1911 Ga. App. LEXIS 700 (Ga. Ct. App. 1911).

Pincite

Opinion

Russell, J.

A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).

Judgment affirmed.

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

Russell, J.

A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

73 S.E. 20, 10 Ga. App. 175, 1911 Ga. App. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunnard-v-childs-gactapp-1911.

Opinion

Related

Cite This Page — Counsel Stack