Wilder v. City of Atlanta

Tlic controlling issue in Ibis case is wlictlier or not a party can proceed by affidavit of illegality attacking the legal procedure which resulted in an execution against him, when a court of equity has ruled upon the merits of the issue involved in the statutory action. The plaintiff in error in this case, and others, petitioned the City of Atlanta to lay certain pavement, which was done. Thereafter the plaintiff in error and others sought to enjoin the enforcement of the paving ordinance, the contract, the assessments against the abutting property so improved, and the validation of the…