Hill v. DeLaunay, 34 Ga. 427 (Ga. 1866). · Go Syfert
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Hill v. DeLaunay, 34 Ga. 427 (Ga. 1866). Cases Citing This Book View Copy Cite
7 citation events across 3 distinct courts.
Strongest positive: Manning v. Phillips (ga, 1880-09-15)
Top citers, strongest first. 1 distinct citer.
discussed Cited "see" Manning v. Phillips
Ga. · 1880 · signal: see · confidence high
See 34 Ga., 427 ; the writ of andita querela in England was a form of action which lies for a defendant to recall or prevent an execution on account of some matter occurring after judgment, amounting to a discharge.
William C. Hill, in error
v.
Gustavus DeLaunay, in error
Supreme Court of Georgia.
Jun 15, 1866.
34 Ga. 427
W. A. Hawkins, representing Wimberly, for plaintiff in error., No appearance for defendant.
Lumpkin.
Cited by 7 opinions  |  Published
Lumpkin, O. J.

Ought the Court to have sustained the plaintiff’s motion on the ground that an affidavit of Illegality by the defendant was the only remedy ?

The proceeding by illegality, given by our statute, has been substituted for the writ of Audita Qu&rela in England. Formerly, that writ was resorted to to cox'rect all errors which are redressed here by illegality. The remedy by illegality is cumulative, not exclusive. In modern practice, the writ of Audita Querela has been superseded almost entirely by motion. Bomier’s Law Dictionary, p. 142, 2d clause, under the head' of Audita Querela: and the same x’elief is now afforded by motion which was formerly granted by said writ. Ibid, clause 5; 4 John. It&p. 191.

Much more, in this State, shoixld the proceeding by illegality be superseded by motion, which is more cheap, and expeditious, especially where the facts ’ are all before the Court and none of them disputed.

Let the judgment be reversed.