Keaton v. Moore

Bleckley, Judge.

Judgment was rendered in 1866, against-two defendants. Fi. fa. issued thereon was levied in 1871, upon one of the defendant’s property. He filed an affidavit of illegality, on the ground that he had never been served, had no notice of the suit, no opportunity to defend, and had never had his day in court. The plaintiff took issue on this affidavit, and it was tried before a jury. The record of the spit was put in evidence. Prom this it appeared that the other defendant was served by the sheriff, and that there was a return of service on the declaration, signed by the deputy…