HALL, Judge.
Upon a judgment of $204.25 recovered by the plaintiff in the Civil and Criminal Court of Cobb County, the clerk issued a fi. fa. which was levied by the deputy marshal. The defendant filed an affidavit of illegality on the ground that within four days from the rendition of the judgment he had filed an appeal, which was still pending, in the Superior Court of Cobb County, as provided by law, and that
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