Supreme Court of Georgia December 20, 1919, No. 1286 (Southern States Phosphate & Fertilizer Co. v. Clark)

George, J.

1. Seetion 5566 of the Civil Code of 1910 provides: “The, entry of the sheriff or any officer of the court, or his deputy, may be traversed by the defendant at the first term after notice of such entry is had by him, and before pleading to the merits; but this shall not deprive the defendant of his right of action against the sheriff for a false return.”

(а) The traverse to the return .