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SIMMONS v. HARWELL

37914.

101 Ga. App. 117 (1960)

113 S.E.2d 146

SIMMONS v. HARWELL et al.

Court of Appeals of Georgia.

Decided January 26, 1960.

Attorney(s) appearing for the Case

Pittman, Kinney & Pope, J. T. Pope, Jr., Malcolm C. Tarver, for plaintiff in error.

John D. Edge, contra.

GARDNER, Presiding Judge.

Neither of the two affidavits of illegality was good. The first was defective because it merely alleges "there has been no judgment against [movant] in favor of said plaintiff in execution and no legal basis for the issuance of said execution." The second affidavit of illegality is defective because it alleges "that there is now pending in the superior court in said state and county a suit as...

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