Lewis v. Armstrong

Supreme Court of Georgia

Lewis v. Armstrong

45 Ga. 131

CourtSupreme Court of Georgia

DecidedJanuary 15, 1872

StatusPublished

Cited by2 cases

This text of 45 Ga. 131 (Lewis v. Armstrong) 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

Lewis v. Armstrong, 45 Ga. 131 (Ga. 1872).

Pincite

Opinion

Montgomery, Judge.

There are two grounds of illegality insisted on by plaintiff in error in this case — first, that the consideration of the debt on which the judgment is founded, was slaves. This defense comes too late; if good, it should have been pleaded to the action. Secondly, that a former judgment had been obtained against the defendant in fi. fa. for the same debt, and that this was the second judgment for the same amount. This stands in the same position with the first ground. See 40 Ga. R., 493, 500; Miller vs. Albritton, July Term, 1871.

Judgment affirmed.

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Montgomery, Judge.

There are two grounds of illegality insisted on by plaintiff in error in this case — first, that the consideration of the debt on which the judgment is founded, was slaves. This defense comes too late; if good, it should have been pleaded to the action. Secondly, that a former judgment had been obtained against the defendant in fi. fa. for the same debt, and that this was the second judgment for the same amount. This stands in the same position with the first ground. See 40 Ga. R., 493, 500; Miller vs. Albritton, July Term, 1871.

Judgment affirmed.

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Bluebook (online)

45 Ga. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-armstrong-ga-1872.

Opinion

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