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O.C.G.A. § 9-13-123 — Affidavit of illegality - By whom filed | Georgia Code
O.C.G.A. § 9-13-123 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.