Jeanes v. Mayor of Milledgeville

1. Joinder of issue by a traverse of an affidavit of illegality may be made at any time before trial. Connell v. Officers of Court, 145 Ga. 231 (88 S. E. 927). Upon the call for trial of a case made by the return of an affidavit of illegality interposed to the levy of an execution by the City of Milledgeville to collect a paving assessment against the affiant’s property, the court did not err in overruling the affiant’s motion to strike a written traverse to the affidavit of illegality, filed by the plaintiff when the case was called for trial.

2. Where the law does not make the records of the…