Kirkpatrick v. Vittum

Grice, Justice.

Mrs. A. E. Kirkpatrick brought a petition for the writ of mandamus against the chief of police of the City of Adel, Georgia, alleging that the defendant, by virtue of a paving-assessment fi. fa., levied on two certain pieces of her property, and was advertising the same for sale; that she tendered the officer two counter-affidavits (attached to the petition and made a part thereof) which he refused to accept or file in the office of the clerk of the superior court; and that the counter-affidavits set forth good defenses to the executions. In one of the affidavits it was stated…