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HAWES v. RED OAK HAULING COMPANY

42877.

116 Ga. App. 302 (1967)

157 S.E.2d 38

HAWES, Commissioner v. RED OAK HAULING COMPANY.

Court of Appeals of Georgia.

Decided September 12, 1967.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, William L. Harper, Assistant Attorney General, Melvin E. Thompson, Jr., Deputy Assistant Attorney General, for appellant.

William Edward Spence, for appellee.

QUILLIAN, Judge.

1. A tax fi. fa. was issued by the Commissioner of Revenue, under which a levy was made. The defendant filed an affidavit of illegality and the case came on for a hearing before the judge of the superior court. Prior to the time the plaintiff in fi. fa. closed his case, the judge entered an order sustaining the affidavit of illegality and dismissed the levy. The judgment which was tantamount to the direction of a verdict in a jury trial, being entered...

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