Hawkins v. County of Sumter

Jackson, Judge.

This was an affidavit of illegality upon the ground that the county owed Hawkins the amount of the tax Ji. fa.; the court dismissed it and Hawkins excepted.

1. We think that the court was right. If the execution had been issued on an ordinary judgment, it could not have been arrested by such an affidavit. It might have been stopped in equity if the allegation were made of plaintiff’s insolvency, but not otherwise. More certainly is due to a tax fi.fa. issued to keep up the county government, to raise revenue to hold courts, pay juries, build bridges and all ordinary county…