Rivers v. Cox

1. “The remedy by affidavit of illegality is purely statutory, and is limited to the relief expressly conferred by the statute strictly construed.” McConnell v. Mason, 30 Ga. App. 82 (116 S. E. 658). “A defendant who has been served and who has had her day in court can not go behind the judgment by affidavit of illegality, for the purpose of showing' that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition.of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183);…