Lynch v. Gannon

Supreme Court of Georgia

Lynch v. Gannon

57 Ga. 608

Supreme Court of Georgia·Decided July 15, 1876·Published·Cited by 1 cases

Opinion

1. An affidavit of illegality cannot go behind the judgment. Any defense arising before a judgment must be pleaded before judgment.

Held, that the court was right in charging, and the jury'in finding against the affidavit of illegality, and that the execution was properly ordered to proceed' — -no case being made on the facts of any defense even before judgment, much less of any defense arising after the judgment.

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1. An affidavit of illegality cannot go behind the judgment. Any defense arising before a judgment must be pleaded before judgment.

Held, that the court was right in charging, and the jury'in finding against the affidavit of illegality, and that the execution was properly ordered to proceed' — -no case being made on the facts of any defense even before judgment, much less of any defense arising after the judgment.

Lynch v. Gannon, 57 Ga. 608 (Ga. 1876).

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Opinion

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