Owen v. Federal Land Bank

Court of Appeals of Georgia

Owen v. Federal Land Bank

140 S.E. 425, 37 Ga. App. 394, 1927 Ga. App. LEXIS 715

CourtCourt of Appeals of Georgia

DecidedNovember 17, 1927

Docket18067

StatusPublished

Cited by1 cases

This text of 140 S.E. 425 (Owen v. Federal Land 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

Owen v. Federal Land Bank, 140 S.E. 425, 37 Ga. App. 394, 1927 Ga. App. LEXIS 715 (Ga. Ct. App. 1927).

Pincite

Opinion

Jenkins, P. J.

“If the defendant has not been served, and does not appear, he may take advantage of the defect by affidavit of illegality; but if he has had his day in court, he can not go behind the judgment by an affidavit of illegality.” Civil Code (1910), § 5311. Patterson v. Georgia Gravel Co., 151 Ga. 813 (108 S. E. 237).

The affidavit of illegality in the instant case being based solely upon the ground that one of the jurors rendering the verdict upon which the judgment attacked is based was disqualified by reason of interest, and it not being alleged that the defendant had not been- served, or that he had not had “his day in court,” it was not error to dismiss the affidavit of illegality, on demurrer.

Judgment affirmed.

Stephens and Bell, JJ., concur. ■/. M. Lang, for plaintiff in error. A. L. Henson, contra.

Free access — add to your briefcase to read the full text and ask questions with AI