Fidelity & Casualty Co. v. Whitaker

(After stating the foregoing facts.)

The demurrer to the petition raises the question as to whether the plaintiff has an adequate remedy at law by filing an affidavit of illegality to the execution issued by the commissioner of revenue of the State of Georgia. The trial court overruled the demurrer, thus holding that the plaintiff did not have an adequate remedy at law, but that an equitable petition would lie in order to test the validity of the fi. fa. issued by the commissioner of revenue of the State of Georgia. We are of the opinion that the court correctly decided that the plaintiff did…