Supreme Court of Georgia February 7, 1908 (James v. Cooledge & Brother)

Atkinson, J.

1. When an affidavit of illegality has been filed to the levy of a fi. fa., and has been returned by the levying officer to the proper court for trial, the pleadings are the fi. fa. and the affidavit. Miller v. Perkerson, 128 Ga. 465.

2. Where the only ground of illegality is alleged to be that the fi. fa.