77 Ga. 528 | Ga. | 1886
This affidavit of illegality to th efi.fa. set forth the following grounds: That the levy was stale, having been made in 1884, and no action taken thereon until the propertylovied on was advertised for sale in 1886; that the plaintiff postponed all action thereon from the 27th of October, 1884, until and to the next October; and “that the fi. fa. and promissory note, the cause of action, was paid off in full,” and there was nothing due on the same. The court sustained a general demurrer thereto and dismissed the affidavit. This is the error alleged.
There was, therefore, no error in sustaining the demurrer to this affidavit.
Judgment affirmed.