Eve v. Crowder

Bleckley, Judge.

1. The ground of illegality alleged in the defendant’s affidavit related to exemption of the particular property from levy and sale. The justice’s court overruled the affidavit, holding the property subject. The superior court, on certiorari, reversed the justice’s court, and sustained the affidavit of illegality. It appears from an inspection of the record, that the plaintiff’s execution is invalid. For that reason, whether the particular ground of illegality set up in the defendant’s affidavit be good or bad, is practically immaterial. It would be idle to send the case back.

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