109 Ga. 209 | Ga. | 1899
It appears from the record that Bowdoin obtained a judgment against Bell in a justice’s court, upon a promissory note. Execution was issued thereon and levied upon the property of Bell; whereupon he filed his affidavit of illegality on numerous grounds, one of them being that the judgment entered by the magistrate was too vague and uncertain. The record discloses that the judgment entered on the docket of the magistrate was, “Judgment for plaintiff for his principal sum, and interest at eight per cent, after maturity, and all future interest and cost of suit.” The note sued on was for $61.10 principal. The execution issued for this amount, together with interest thereon, and costs. Another ground taken in the illegality was, that the defendant had never been served with any summons, nor had he acknowledged or waived service or authorized any one to do so for him, and that he did not appear and plead at the term of the court at which the judgment was entered up against him. There seems to have
Judgment affirmed.