Smith v. Tokio Marine Insurance

1. The ground of the affidavit of illegality being part payment in a certain definite sum on the execution levied, and it not appearing when and to whom the amounts alleged as part payment on the execution had been paid, and the defect not having been cured by amendment, the court properly dismissed the affidavit of illegality, on special demurrer interposed upon this ground. Terry v. Bank of Americus, 77 Ga. 528 (2) (3 S. E. 154).

2. While the affidavit of illegality does not allege in express terms'the amount due and unpaid on the execution, it must nevertheless, if amended to cure the…