Wilson v. City of Atlanta

Eberhardt, Judge.

1. “The issue in an illegality case is that made by the affidavit of illegality, and for the purpose of trying that issue the fi. fa., with the entry of levy, and the affidavit of illegality, constitute the pleadings.” Citizens Finance Co. v. Griffin, 45 Ga. App. 508 (1) (165 S. E. 324); Miller v. Perkerson, 128 Ga. 465 (57 S. E. 787). If, in addition to seeking to have the fi. fa. declared illegal and the levy thereof dismissed, the defendant in fi. fa. seeks additional affirmative relief such as the cancellation of notes, he thereby places the legality of the notes in issue…