Cooper Co. v. Lanier

Under the facts in this case, the question is: Did the judge of the superior court err in allowing an amendment to the affidavit of illegality1", which amendment did not contain the sworn statement that the defendant in fi. fa. “did not know of such grounds when the original affidavit was filed,” as provided for in section 5704 of the Civil Codé. The original affidavit of illegality set out that the execution was proceeding illegally for the reason that “deponent has never had her day in court, was never served with any process, or other notice of the pendency of the suit whereon said…