Douglas v. Singer Manufacturing Co.

Supreme Court of Georgia

Douglas v. Singer Manufacturing Co.

27 S.E. 664, 102 Ga. 560, 1897 Ga. LEXIS 572

CourtSupreme Court of Georgia

DecidedMay 21, 1897

StatusPublished

Cited by5 cases

This text of 27 S.E. 664 (Douglas v. Singer Manufacturing Co.) 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

Douglas v. Singer Manufacturing Co., 27 S.E. 664, 102 Ga. 560, 1897 Ga. LEXIS 572 (Ga. 1897).

Pincite

Opinion

Cobb, J.

1. Nothing is better settled than that an affidavit of illegality can not, when the defendant has had his day in court, go behind the judgment the progress of which is sought to be arrested.

2. That the defendant in execution “was not allowed to point out property in his possession sufficient to pay the debt,” is not a good ground of illegality. Whatever may be the rights of such a defendant under section 5423 of the Civil Code, he can avail himself thereof only by actually pointing out the property upon which he desires the levy to be made.

Judgment affirmed.

All the Justices concurring.

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