Bird v. Burgsteiner

The error alleged in this case is the rendering of a judgment striking on demurrer an affidavit of illegality. This affidavit made no attack upon the execution, but sought to go behind the judgment and verdict upon which the execution was founded. There was no allegation in the affidavit of illegality that the defendant had not been served with process or had not had his day in court. This being so, it is manifest that in-so far as relates to so much of the affidavit as is above indicated, there was no error in holding that it was without merit. Civil Code, § 4742.

The affidavit contained one…