Field v. Sisson

Decided December 15, 1869

Supreme Court of Georgia · decided 1869-12-15

<p>When an affidavit of illegality had been filed to an'execution, and the questions of illegality involved therein had been finally adjudicated by this Court: Held, that such adjudication was conclusive upon the rights of the parties in that case. Held, further, that the party making such affidavit of illegality, could not, nor could his legal representative after his death, by & motion to set aside the execution and judgment for the same causes embraced in the affidavit- of illegality, or which might have been embraced therein, be heard to vacate or set aside said execution and judgment, the mord especially after the lapse of several years since the rendition of the same, for causes which may have existed prior thereto.</p>

Cited by 2 later decisions — most recently June 1939

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-12-15

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Warner, J.

¶1The questions of illegality involved in tips case have heretofore been finally adjudicated by this Court, and such adjudication is conclusive upon the rights'of the parties and their legal representatives, as to the same causes embraced in the original affidavit "of illegality, or which might have been embraced therein, at the time of filing the same; and a motion to set aside the execution and judgment for the same causes, will not be-heard, the more especially after the lapse of several years after the rendition of the judgment overruling said grounds of illegality, which are again urged and attempted to be^ set up against the validity of the original judgment. It is for the public interest, that there should be an end to litigation when a cause has been finally adjudicated.

¶2Let the Judgment of the Court below be affirmed.