Taylor v. Holmes

“ An affidavit of illegality is not the proper remedy to arrest an execution and set aside a judgment, upon the ground that at the time of its rendition by the court, as being by default, there was an issuable plea of file and undisposed of.” Tumlin v. O’Bryan, 68 Ga. 65 (1). See also Greene v. Oliphant, 64 Ga. 566 (1) ; Brown v. Webb, 121 Ga. 281 (1) (48 S. E. 917). The court properly refused to sanction the certiorari.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.