58 Ga. 208 | Ga. | 1877
This case came before the court below on an issue formed upon an affidavit of illegality to an execution, made by the defendant therein. There were two grounds of illegality to the execution insisted on by the defendant in his affidavit. First, that the execution, which had been levied on his property, was proceeding illegally to sell the same, because it was levied thereon on the Yth of January, 18Y6, and advertised to be sold on the first Tuesday in February, 18Y6, and therefore it had not been advertised weekly for four weeks, as the statute requires. Second, that the execution had been paid off and discharged. On the trial of the case, the jury found a verdict in favor of the plaintiff in execution. The defendant made a motion for a new trial on the grounds therein set forth, which was overruled by the court, and the defendant excepted.
Let the judgment of the court below be reversed.