Bridges v. Melton

1. Where an affidavit of illegality to the foreclosure of a mortgage on personalty was not accompanied either by a replevy bond or by an affidavit in forma pauperis as prescribed by the Civil Code, § 3301, the affidavit so interposed was a nullity. Brantley v. Baker, 75 Ga. 676 (1); Shannon v. Vincent, 76 Ga. 837; Glass v. Austin, 28 Ga. App. 311 (111 S. E. 84); Dawson v. Planters Bank, 31 Ga. App. 530 (121 S. E. 242).

2. Rule 29 of the superior courts, as contained in the Civil Code (1910), § 6288, providing that no second affidavit of illegality shall be received for causes which existed and…