144 Ga. 316 | Ga. | 1915
William Peterson brought a petition against the 0. A. Martin Furniture Company, to set aside a judgment and for other relief. The substance of the petition is, that in 1910 he purchased from the defendant certain furniture on the installment plan; that on August 26, 1912, after he had overpaid the amount which he had contracted to pay, the defendant sued out an attachment against him for the'purchase-money, in a justice court; that thereafter, on November 6, 1912, judgment was rendered in the attachment case in favor of the plaintiff for the principal, interest, and cost claimed in the attachment; that execution issued on the judgment, and the property was seized thereunder and sold, “and went into the possession of the defendant” on or about December 6, l’912; that pending the attachment one Mason Wilder sued out a warrant against him for a criminal offense, and he was arrested under the warrant, and, being unable to give bond, he was, on August 31, 1912, incarcerated in jail, where he remained “long after the rendition of said judgment and the issuing of said execution and the sale of said furniture thereunder.” He alleged that he had a good defense, to wit, payment, and was prevented from making it on account of being in jail, which fact was known to the defendant and to the court rendering the judgment, and was a fraud on petitioner. Wherefore he prays for the vacation of the judgment, and for the recovery of the furniture and the alleged overpayment. His petition was dismissed on general demurrer.
Judgment affirmed.