Wilkes v. Branch

The affidavit of illegality was filed on September 28, 1915, and sets up, (1) that defendant in fi. fa. has never had his day in court, never having been served with process; that he did not waive service and did not appear and defend; (2) that the execution had been paid in full by his principal at the time judgment was rendered and before execution was issued, so deponent “is advised and believes.” The traverse to the return of *781service made by the deputy sheriff was filed December 11, 1915, and the deputy made a party. An amendment, by which it was attempted to make the sheriff a party, was…