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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