GA 17-1-4 - GA 17-1-4

Motions Essential elements of affidavit of illegality. - In order to support an affidavit of illegality based on perjury, two things must appear: (1) there must have been a conviction of perjury; and (2) it must appear that the judgment could not have been obtained without this perjured evidence. Lewis v. Wall, 70 Ga. 646 (1883). Essential elements of petition to have verdict set aside. - Petition asking that a verdict and decree be set aside because the verdict and decree were rendered on the perjured testimony of a named witness does not set forth a cause of action for that reason when the petition fails to allege that the witness has been duly convicted of perjury with respect to such testimony and that the verdict and decree were based on that testimony alone. Hubbard v. Whatley, 200 G...