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Reames v. Commercial Credit Corporation

Court of Appeals of Georgia
Apr 30, 1968
161 S.E.2d 923 (Ga. Ct. App. 1968)

Opinion

43562.

ARGUED APRIL 3, 1968.

DECIDED APRIL 30, 1968. REHEARING DENIED MAY 17, 1968.

Foreclosure. Elbert Superior Court. Before Judge Williford.

Joseph B. McGinty, for appellants.

Grant Matthews, Carlton G. Matthews, for appellee.


In this foreclosure proceeding on a mobile home trailer the trial judge, upon considering the verified defensive pleadings first filed and a motion to dismiss such pleadings, ruled on December 30, 1967, that a levy made on Sunday, December 3, 1967, was void, that nothing in his order should be construed as preventing a valid levy and sale, and otherwise dismissed the defensive pleadings, which he characterized as an answer and cross action, as showing nothing more than an admission that the defendants were in default, except as to conclusions, and as not filed in accordance with law. This order is not enumerated as error. A second levy is dated January 2, 1968. The appeal is from two subsequent orders, on January 20, 1968, and February 5, 1968, the first dismissing an affidavit of illegality filed on January 4, 1968, and the other denying a motion for schedule of payments and other relief, filed on February 5, 1968, and the enumerations are based on these orders. Held:

The original order of the trial court on December 30, 1967, by its express terms effectively disposes of any defense to the proceeding other than a proper levy, and not being enumerated as error for the consideration of this court, controls the action of the trial court in thereafter dismissing the affidavit of illegality and motion for schedule of payments and other relief. See Hill v. Willis, 224 Ga. 263, 268. Also see Matthews v. Green, 28 Ga. App. 190 (2) ( 110 S.E. 507).

Judgment affirmed. Pannell and Deen, JJ., concur.

ARGUED APRIL 3, 1968 — DECIDED APRIL 30, 1968 — REHEARING DENIED MAY 17, 1968.


Summaries of

Reames v. Commercial Credit Corporation

Court of Appeals of Georgia
Apr 30, 1968
161 S.E.2d 923 (Ga. Ct. App. 1968)
Case details for

Reames v. Commercial Credit Corporation

Case Details

Full title:REAMES et al. v. COMMERCIAL CREDIT CORPORATION

Court:Court of Appeals of Georgia

Date published: Apr 30, 1968

Citations

161 S.E.2d 923 (Ga. Ct. App. 1968)
161 S.E.2d 923

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