Waters v. Scott

Court of Appeals of Georgia

Waters v. Scott

121 S.E. 865, 31 Ga. App. 690, 1924 Ga. App. LEXIS 130

CourtCourt of Appeals of Georgia

DecidedFebruary 27, 1924

Docket14623

StatusPublished

This text of 121 S.E. 865 (Waters v. Scott) 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

Waters v. Scott, 121 S.E. 865, 31 Ga. App. 690, 1924 Ga. App. LEXIS 130 (Ga. Ct. App. 1924).

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Opinion

Stephens, J.

This being an affidavit of illegality to a judgment rendered against the affiant as surety upon a bond given by the defendant in a proceeding to foreclose a sawmill lien on lumber, and it appearing that the defense set up by the affiant was that the plaintiff had taken possession of the lumber levied on and had converted the same to his own use before judgment had been rendered upon the bond, and this defense being one that could have been made by the affiant before judgment, the court properly- dismissed'the affidavit of illegality. See Shapiro v. Bank of Graymont, 31 Ga. App. 576, and the authority there cited.

Judgment affirmed.

Jenkins, P. J., md Bell, J., concur.

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Stephens, J.

This being an affidavit of illegality to a judgment rendered against the affiant as surety upon a bond given by the defendant in a proceeding to foreclose a sawmill lien on lumber, and it appearing that the defense set up by the affiant was that the plaintiff had taken possession of the lumber levied on and had converted the same to his own use before judgment had been rendered upon the bond, and this defense being one that could have been made by the affiant before judgment, the court properly- dismissed'the affidavit of illegality. See Shapiro v. Bank of Graymont, 31 Ga. App. 576, and the authority there cited.

Judgment affirmed.

Jenkins, P. J., md Bell, J., concur.

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121 S.E. 865, 31 Ga. App. 690, 1924 Ga. App. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-scott-gactapp-1924.

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