10 Ga. App. 175
Decided December 19, 1911
Court of Appeals of Georgia · decided 1911-12-19
<p>Affidavit of illegality; from city court of Covington — Judge</p> <p>Wbaley.</p>
Relies on Bird v. Burgsteiner · Steele v. Atlanta Land Improvement Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1911-12-19
Cited by 10 later decisions — most recently November 1939
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).
¶2Judgment affirmed.