Tilley v. Cooke & Flake

The Court of Appeals certified to this court tlie following question: “Where an affidavit of illegality, none of the grounds of which are meritorious, has been filed to a levy, and in the trial in the superior court which issued the execution tlie affidavit is properly dismissed on motion, without any effort being made to amend the grounds, and thereafter the defendant in fi. fa. at the same hearing, but without any procedure being taken to bring the parties before the court, other than was taken in connection with the affidavit of illegality, makes an unsworn written motion ‘to dismiss the…