Park's annotated code of the state of Georgia, 1914 Volume 7; embracing the code of 1910 and amendments and additions thereto made by the General ... annotations from the judicial decisions

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...mature to judgment, he could not, on ground that court was without jurisdiction, enjoin execution based on judgment. 144/580 (87 S. E. 775). Costs: Where justice of peace enters up judgments against various parties, and his successor issues executions thereon, and returns of nulla bona are entered, and cost fi. fas. are issued and levied, such levies will not be enjoined at instance of plaintiff against whom cost fi. fas. are proceeding, solely because of an illegal agreement respecting costs, made with justice who entered up such judgments. 145/539 (2) (89 S. E. 514). Credit: Failure to enter credit on execution will not of itself be sufficient ground to warrant grant of injunction to arrest levy and sale thereunder. 145/394, 396 (3) (89 S. E. 407). Garnishment: Where garnishment summons erroneously stated that main case was pending in county where garnishee was served, injunction restraining execution on judgment for want of answer was properly refused, though garnishee had no notice of main suit in another county upon which judgment was entered. 145/55 (88 S. E. 553). Illegality: Enforcement of execution on property claimed as exempt will not be enjoined, affidavit of illegality being adequate remedy. 144/701 (2) (87 S. E. 1041). Justice court: Petition to enjoin enforcement of execution from justice court was demurrable, though execution and judgment referred to were void as alleged, petitioner having adequate remedy at law. 143/740 (85 S. E. 868). Legal remedy: Equity will not enjoin levy of a fi. fa., if defendant has full and adequate legal remedy. 140/80 (78 S. E. 423). Replevin: Refusal of injunction restraining enforcement of judgment entered on replevy bond, for alleged want of notice in certain Execution--c o n t i n u e d. particulars, not abus...