Taylor v. Holmes

Court of Appeals of Georgia

Taylor v. Holmes

103 S.E. 687, 25 Ga. App. 422, 1920 Ga. App. LEXIS 852

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1920

Docket11501

StatusPublished

Cited by1 cases

This text of 103 S.E. 687 (Taylor v. Holmes) 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

Taylor v. Holmes, 103 S.E. 687, 25 Ga. App. 422, 1920 Ga. App. LEXIS 852 (Ga. Ct. App. 1920).

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Opinion

Bloodworth, J.

“ An affidavit of illegality is not the proper remedy to arrest an execution and set aside a judgment, upon the ground that at the time of its rendition by the court, as being by default, there was an issuable plea of file and undisposed of.” Tumlin v. O’Bryan, 68 Ga. 65 (1). See also Greene v. Oliphant, 64 Ga. 566 (1) ; Brown v. Webb, 121 Ga. 281 (1) (48 S. E. 917). The court properly refused to sanction the certiorari.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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Bloodworth, J.

“ An affidavit of illegality is not the proper remedy to arrest an execution and set aside a judgment, upon the ground that at the time of its rendition by the court, as being by default, there was an issuable plea of file and undisposed of.” Tumlin v. O’Bryan, 68 Ga. 65 (1). See also Greene v. Oliphant, 64 Ga. 566 (1) ; Brown v. Webb, 121 Ga. 281 (1) (48 S. E. 917). The court properly refused to sanction the certiorari.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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Bluebook (online)

103 S.E. 687, 25 Ga. App. 422, 1920 Ga. App. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-holmes-gactapp-1920.

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