Mobley v. Citizens Bank

Court of Appeals of Georgia

Mobley v. Citizens Bank

79 S.E. 77, 13 Ga. App. 287, 1913 Ga. App. LEXIS 127

CourtCourt of Appeals of Georgia

DecidedAugust 25, 1913

Docket4906

StatusPublished

This text of 79 S.E. 77 (Mobley v. Citizens Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mobley v. Citizens Bank, 79 S.E. 77, 13 Ga. App. 287, 1913 Ga. App. LEXIS 127 (Ga. Ct. App. 1913).

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Opinion

Pottle, J.

None of the questions which it is sought to raise by the affidavit of illegality in this case can be determined without a consideration of the judgments and records, the validity and construction of which are brought in question hy the affidavit. No copy of such judgments being attached to the affidavit of illegality or set out therein, it must be presumed that in passing upon the case the trial judge correctly determined these questions, or else that he was unable to determine them by reason of the indefinite and uncertain averments of the affidavit.

Judgment affirmed.

Franklin & Langdale, for plaintiff in error. R. G. Dickerson, S. 0. Townsend, contra.

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Pottle, J.

None of the questions which it is sought to raise by the affidavit of illegality in this case can be determined without a consideration of the judgments and records, the validity and construction of which are brought in question hy the affidavit. No copy of such judgments being attached to the affidavit of illegality or set out therein, it must be presumed that in passing upon the case the trial judge correctly determined these questions, or else that he was unable to determine them by reason of the indefinite and uncertain averments of the affidavit.

Judgment affirmed.

Franklin & Langdale, for plaintiff in error. R. G. Dickerson, S. 0. Townsend, contra.

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Bluebook (online)

79 S.E. 77, 13 Ga. App. 287, 1913 Ga. App. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobley-v-citizens-bank-gactapp-1913.