Mosely v. Sanders

1. Where a judgment was rendered in April, 1866,. on which a fi. fa. w'as issued in May and delivered to the sheriff in October in the same year, and nothing more was done until the April term of court, 1875, when the original fi. fa. having been lost, an alias fi.fa. was issued, which was levied on certain land; the judgment was dormant. 58 Ga., 278; 61 Id., 236.

2. If a sheriff rejects an affidavit of illegality, he does so at his risk, and if he declines to receive an affidavit of illegality, which is the proper remedy, he becomes responsible to the injured party. 9 Ga., 400; 11 Id., 294:…