Alston v. Mobley

1. The judgment striking on demurrer all the grounds of the affidavit of illegality except one, and the order overruling the demurrer to that ground, not being excepted to, constitute an adjudication that the ground not stricken set forth a good defense. Hicks v. Revels, 142 Ga. 524 (1)a (83 S. E. 115); Turner v. Willingham, 148 Ga. 274 (2) (96 S. E. 565). Consequently, the only question to be determined in this case .is the one of fact presented by that ground, that is, whether the execution was based upon an assessment against the defendant made not by the superintendent of banks of the…