Moultrie Packing Co. v. Atlanta Mutual Ass'n ( 1918 )


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  • Luke, J.

    A garnishee who had not answered could not hy affidavit of illegality arrest an execution and set aside a judgment, upon the ground that before its rendition against the garnishee as being in default, the defendant had paid to the attorney for the plaintiff in ft. fa. a part of the claim and had given him a check and' note to cover the balance. • Affidavit of illegality is not the proper remedy in such a ease. Tumlin v. O’Bryan, 68 Ga. 65; Lynch v. Gannon, 57 Ga. 608; Civil Code (1910), § 5311. The court did not err in sustaining the demurrer to the affidavit of illegality.

    Judgment affirmed.

    Wade, C. J., and Jenkins, J., concur.

Document Info

Docket Number: 9541

Judges: Luke

Filed Date: 11/11/1918

Precedential Status: Precedential

Modified Date: 11/8/2024