DocketNumber: 12656
Citation Numbers: 28 Ga. App. 787, 113 S.E. 49, 1922 Ga. App. LEXIS 862
Judges: Stephens
Filed Date: 7/24/1922
Status: Precedential
Modified Date: 11/8/2024
The giving of a forthcoming bond not being essential to the validity of an affidavit of illegality filed to a common-law execution, an affidavit of illegality to what appears to be such an execution, which sets up a legal defense against the proceeding of the levy, was improperly dismissed upon the ground that the forthcoming bond ■which was actually given to the sheriff, accompanying the affidavit ot illegality, did not contain a proper surety. See, in this connection, Civil Code (1910), §§ 5305, 6040; Crayton v. Fox, 100 Ga. 781 (28 S. E. 510). Judgment reversed.