141 Ga. 622 | Ga. | 1914
A fi. fa. in favor of J. C. Conner against John L. Brown, for the sum of $313 principal, besides interest and costs, issued upon a judgment obtained at the October term, 1910, of Tattnall superior court, and was levied upon certain property belonging to the defendant. The defendant filed with the levying officer his affidavit of illegality, alleging, that the fi. fa. was illegally proceeding against him, because he had never had his day in court, was never served with any process or other notice of the pending suit, nor did he waive service or appear in or defend the-suit wherein judgment was rendered; that the execution issued upon an award
Judgment reversed.