Parker v. Bell

Court of Appeals of Georgia

Parker v. Bell

121 S.E. 588, 31 Ga. App. 571, 1924 Ga. App. LEXIS 61

CourtCourt of Appeals of Georgia

DecidedFebruary 8, 1924

Docket14382

StatusPublished

This text of 121 S.E. 588 (Parker v. Bell) 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

Parker v. Bell, 121 S.E. 588, 31 Ga. App. 571, 1924 Ga. App. LEXIS 61 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

The judgment here excepted to being a judgment sustaining a certiorari to the judgment of a justice of the peace against the defendant, on the issue formed by an affidavit of illegality interposed by him to the levy of an execution upon a judgment of the justice in a suit against him upon a promissory note, the affidavit of illegality being based upon the ground that he had never been served ■with a summons and had never had his day in court, and this defense being supported by the evidence for the defendant, adduced upon the trial of the issue made by the affidavit of illegality, and it therefore appearing that the judgment of the magistrate thereon was not demanded as a matter of law, the judgment of the superior court, sustaining the certiorari and granting a new trial, will be affirmed.

Judgment affirmed.

Jenlcins, P. J., and Bell, J., concur.

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Stephens, J.

The judgment here excepted to being a judgment sustaining a certiorari to the judgment of a justice of the peace against the defendant, on the issue formed by an affidavit of illegality interposed by him to the levy of an execution upon a judgment of the justice in a suit against him upon a promissory note, the affidavit of illegality being based upon the ground that he had never been served ■with a summons and had never had his day in court, and this defense being supported by the evidence for the defendant, adduced upon the trial of the issue made by the affidavit of illegality, and it therefore appearing that the judgment of the magistrate thereon was not demanded as a matter of law, the judgment of the superior court, sustaining the certiorari and granting a new trial, will be affirmed.

Judgment affirmed.

Jenlcins, P. J., and Bell, J., concur.

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Bluebook (online)

121 S.E. 588, 31 Ga. App. 571, 1924 Ga. App. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-bell-gactapp-1924.