If the defendant was not served and did not appear, he may take advantage of the defect by affidavit of illegality. However, if he has had his day in court, he may not go behind the judgment by an affidavit of illegality.
History. Orig. Code 1863, § 3597; Code 1868, § 3621; Code 1873, § 3671; Code 1882, § 3671; Civil Code 1895, § 4742; Civil Code 1910, § 5311; Code 1933, § 39-1009.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-120. Affidavit of Illegality — When Authorized; Bond and Security
§ 9-13-121. Affidavit of Illegality — to Show Lack of Service; Not Available to Go Behind Judgment
§ 9-13-122. Affidavit of Illegality — Not Available for Excessive Levy Generally
§ 9-13-123. Affidavit of Illegality — by Whom Filed
§ 9-13-124. Affidavit of Illegality — When Received
§ 9-13-125. Affidavit of Illegality — When and How Amendable
§ 9-13-126. Amount and Condition of Forthcoming Bond
§ 9-13-128. Damages for Delay; Procedure Following Dismissal or Withdrawal of Illegality