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2018 Georgia Code 9-13-123 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-123 Case Law from Google Scholar Amendments to OCGA 9-13-123

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 6 ILLEGALITY

9-13-123. Affidavit of illegality - By whom filed.

An affidavit of illegality may be filed by an attorney in fact or by an executor, administrator, or other trustee.

(Orig. Code 1863, § 3596; Code 1868, § 3620; Code 1873, § 3670; Code 1882, § 3670; Civil Code 1895, § 4741; Civil Code 1910, § 5310; Code 1933, § 39-1002.)

JUDICIAL DECISIONS

Agent may make affidavit of illegality. Van Dyke v. Besser, 34 Ga. 268 (1866).

Attaching to affidavit writing showing agent's authority to file.

- It is not necessary that any writing showing agent's authority to file be attached to affidavit of illegality. Cook v. Buchanan, 86 Ga. 760, 13 S.E. 83 (1891); Lewis v. Beck & Gregg Hdwe. Co., 137 Ga. 515, 73 S.E. 739 (1912).

Attorney in fact under this section is not necessarily an attorney at law. Misenheimer v. Gainey, 11 Ga. App. 509, 75 S.E. 844 (1912).

Temporary administrator may file affidavit of illegality to an execution proceeding to sell the intestate's lands, and the permanent administrator will, on motion, be allowed to become a party to the proceeding. Reese v. Burts, 39 Ga. 565 (1869).

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.

C.J.S.

- 33 C.J.S., Executions, § 288 et seq.

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