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20 Ga. 90

Bridges v. Nicholson

Supreme Court of Georgia

Decided June 15, 1856

Supreme Court of Georgia · decided 1856-06-15

Claim, &c. in Stewart Superior Court. Decided by Judge ■ Kiddoo, April Term, 1856.

Decided 1856-06-15

¶1By the Court.

Lumpkin, J.

¶2delivering the opinion.

¶3£1.] Our judgment is, that the injunction in this case ;should be continued.

¶4If the Harrells paid a part of the debt only, they could mot, at Law, get the control even for that.

¶5£2.] We are clear that the levy should not be dismissed, *94because the executors of Lamar have neglected or refused to answer the hill: for if the whole debt due their testator has been discharged by the Harrells, (and such is the allegation dn the bill,) the executors are but nominal parties.

¶6£3.] And however irregular or erroneous the judgment •against Troutman or his representative may be, it cannot be attacked, collaterally, by the claimant, Bridges.

¶7It is a valid judgment until vacated or set aside, in a direct -proceeding instituted for that purpose; and perhaps not then, at the instance of the administrator of Troutman, under the circumstances of this case. He had his day in Court. The scire facias was regularly sued out and served upon him; and then was the time to have made his defence, if he had -any.

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