154 Ga. 289 | Ga. | 1922
The board of commissioners of roads and revenues of Chattooga County issued an execution against A. H. Glenn as principal, and B. A. McWhorter and others as sureties upon the bond given by Mm as tax-collector, for county taxes collected for the year 1920. McWhorter interposed his affidavit of illegality, contending therein, upon the grounds stated, that the execution was proceeding illegally against him. A demurrer was filed to this illegality and to each and every ground thereof. The court sustained the demurrer to certain paragraphs of the illegality, and overruled it as to others. McWhorter filed a bill of exceptions assigning error upon the judgment sustaining the demurrer to specified paragraphs of the illegality. Upon so much of the judgment as overruled the demurrer to other paragraphs of the illegality the county assigned error in a cross-bill of exceptions duly sued out; and the case is here for decision both upon the main bill and the cross-bill.
The rulings made in headnotes 1 to 6, inclusive, require no elaboration.
A further attack is made upon the legality of the execution,
• It follows from what we have said that the judgment of the court below is affirmed on the main bill of exceptions; and under the rulings made in headnotes 2 and 7, the judgment is reversed on the cross-bill of exceptions.
Judgment affirmed on the main hill of exceptions, and reversed on the cross-hill.