Simmons v. Harwell

Gardner, Presiding Judge.

Neither of the two affidavits of illegality was good. The first was defective because it merely alleges “there has been no judgment against [movant] in favor of said plaintiff in execution and no legal basis for the issuance of said execution.” The second affidavit of illegality is defective because it alleges “that there is now pending in the superior *120court in said state and county a suit as above styled against J. H. Harwell individually, alleging that he, the deponent herein, is indebted to the said Louise Simmons, and that the said J. H. Harwell has not had his…