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WILSON v. CITY OF ATLANTA

38811.

103 Ga. App. 820 (1961)

120 S.E.2d 633

WILSON v. CITY OF ATLANTA.

Court of Appeals of Georgia.

Decided June 7, 1961.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, George B. Haley, Jr., for plaintiff in error.

J. C. Savage, J. M. B. Bloodworth, contra.

EBERHARDT, Judge.

1. "The issue in an illegality case is that made by the affidavit of illegality, and for the purpose of trying that issue the fi. fa., with the entry of levy, and the affidavit of illegality, constitute the pleadings." Citizens Finance Co. v. Griffin, 45 Ga.App. 508 (1) (165 S. E. 324); Miller v. Perkerson, 128 Ga. 465 (57 S. E. 787). If, in addition to seeking to have the fi. fa. declared illegal and the levy thereof dismissed, the...

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