Miles v. Swift

1. An order overruling a demurrer to an affidavit of illegality is such a final judgment as will support a writ of error therefrom. Civil Code (1910), § 6138; Artope v. Barker, 72 Ga. 186; Chattooga County v. Glenn, 29 Ga. App. 114 (113 S. E. 704). Accordingly, the motion to dismiss the writ of error must be denied.

2. “A defendant in fi. fa. can not by affidavit of illegality set up an unliquidated demand in his favor against the judgment demand of the plaintiff in fi. fa.” Allen v. Duval Motor Co., 36 Ga. App. 336 (136 S. E. 479); Leavel v. Frey, 133 Ga. 723 (66 S. E. 916). Accordingly, the…