Doerflinger v. Nelson

Supreme Court of Georgia

Doerflinger v. Nelson

1 Ga. L. Rep. 245

DecidedJanuary 26, 1886

StatusPublished

This text of 1 Ga. L. Rep. 245 (Doerflinger v. Nelson) 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

Doerflinger v. Nelson, 1 Ga. L. Rep. 245 (Ga. 1886).

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Opinion

Jackson, C. J.

Where an affidavit of illegality was interposed to the levy of a fi fa., on the ground that it had been paid, the defendant in fi fa. was not a competent witness to prove that such payment was made by him to the counsel for the plaintiff in fi fa., who had since died. Langford vs. Commissioners of Wilkinson County (decided today) : 72 Ga., 143.

(a) An affidavit of illegality on the ground of payment being filed, and there being no evidence of such payment, it was properly dismissed.

Judgment affirmed.

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Jackson, C. J.

Where an affidavit of illegality was interposed to the levy of a fi fa., on the ground that it had been paid, the defendant in fi fa. was not a competent witness to prove that such payment was made by him to the counsel for the plaintiff in fi fa., who had since died. Langford vs. Commissioners of Wilkinson County (decided today) : 72 Ga., 143.

(a) An affidavit of illegality on the ground of payment being filed, and there being no evidence of such payment, it was properly dismissed.

Judgment affirmed.

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Bluebook (online)

1 Ga. L. Rep. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doerflinger-v-nelson-ga-1886.

Opinion

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