MILLER v. BRUCE

35060.

90 Ga. App. 499 (1954)

83 S.E.2d 239

MILLER v. BRUCE.

Court of Appeals of Georgia.

Rehearing Denied July 27, 1954.


Attorney(s) appearing for the Case

Jesse M. Sellers, Jesse M. Sellers, Jr., for plaintiff in error.

Brinson & Davis, contra.


FELTON, C. J.

1. The second execution issued by the justice of the peace, the one to which the affidavit of illegality was filed, was issued before the counter-affidavit was filed, and, as no case was pending in the justice's court prior to the filing of a counter-affidavit (Kennedy v. Miller, 179 Ga. 234 (3), 175 S. E. 588; Murphey v. McGough, 105 Ga. 816, 818 (3), 31 S. E. 757), the execution...

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