Warren v. Oliver

Where the judge of a county court rendered a judgment that an affidavit of illegality, filed to arrest the further proceeding of an execution issued upon the foreclosure of a chattel mortgage, had been withdrawn at a prior term of the court, the effect of such ruling was to dismiss the illegality proceeding and take the case out of court, so that *808nothing was left which could properly be tried by a jury on appeal. Consequently certiorari was the exclusive remedy. Humphries v. Blalock, 100 Ga. 404; Toole v. Edmondson, 104 Ga. 776; Howell v. Allen, 106 Ga. 16.

Argued March 12, — Decided April 5,…