Lynch v. Gannon

Supreme Court of Georgia

Lynch v. Gannon

57 Ga. 608

CourtSupreme Court of Georgia

DecidedJuly 15, 1876

StatusPublished

Cited by1 cases

This text of 57 Ga. 608 (Lynch v. Gannon) 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

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

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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.

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Bluebook (online)

57 Ga. 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-gannon-ga-1876.

Opinion

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