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McCLENTON v. WETHERINGTON

34863.

89 Ga. App. 61 (1953)

78 S.E.2d 550

McCLENTON v. WETHERINGTON.

Court of Appeals of Georgia.

Decided October 24, 1953.

Attorney(s) appearing for the Case

Edward J. Goodwin, for plaintiff in error.

Ralph J. Baldwin, contra.

FELTON, J.

An affidavit of illegality is not the proper remedy to test the validity of a judgment where it does not appear that an execution has issued thereon and has been levied upon property of the defendant in execution. Code (Ann.) §§ 39-1001, 39-1003; Tanner v. Wilson, 183 Ga. 53 (187 S. E. 625); Robbins v. Kinman, 177 Ga. 46 (169 S. E. 304). It follows that, where garnishment proceedings were instituted and bond dissolving...

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