Walker v. Crummey

The defendant in error foreclosed a mortgage against the plaintiff in error, the execution was levied, and the plaintiff in error interposed an original and an amendatory affidavit of illegality to the levy. The case was tried in the county court of Wayne, and, judgment being rendered in favor of the defendant in error, the case was appealed to the superior court. The superior court sustained a demurrer to certain paragraphs in the affidavit of illegality and struck them, and rendered judgment against the plaintiff in error.

1. A motion to dismiss the writ of error was filed in this case, upon…