Rogers v. Felker

1 Ga. L. Rep. 383

Opinion

Blandford, J. —

Where a justice's court has jurisdiction of the parties and subject matter, the fact that the justice is related to one of the parties within the fourth degree of consanguinity does not render his judgment absolutely void, but only voidable, and it cannot be attacked by affidavit of illegality on that ground. Code, §205; 62 Ga , 39; 16 Eng., L. and Eq., 63; 45 Ala., 496.

(a) Illegality will not lie because the levy is excessive. 57 Ga., 68.

Judgment affirmed.