Smith v. Walker
Smith v. Walker, 18 S.E. 830 (Ga. 1894)
Headnotes
1. Where an execution issued upon the foreclosure of a mortgage on personal property has been levied, an affidavit of illegality to such execution alleging that the deponent is not legally indebted to the plaintiff in any amount, and that the mortgage foreclosed is utterly without consideration and void, is, under section 3975 of the code, good in substance, and it was error to dismiss the same on a general demurrer for want of sufficiency.
2. The jurat being no part of the affidavit, a general demurrer to the sufficiency of the affidavit will not reach a defect in the jurat, such as failure to add to the name of the person who administered the oath his official designation. The jurat is amendable. Veal v. Perkerson, 47 Ga. 92; Dickson v. Thurmond, 57 Ga. 153.
Summary
Affidavit of illegality. Before Judge Bartlett. Crawford superior court. March term, 1893.
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Opinion of the Court
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Judgment reversed.
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Cited by 6 cases
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