WORRILL, J.
Paul H. Anderson obtained a judgment by default against Charlie Reid in the Municipal Court of Augusta on October 27, 1951. A fi. fa. issued and was levied on certain property of the defendant on March 21, 1952. To that levy Reid filed an affidavit of illegality, which was later voluntarily dismissed by the defendant. Thereafter, and on June 17, 1952, the defendant presented to the trial judge and had signed by him a rule nisi on a motion to set aside...
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