Connell v. Officers of Court

1. There was no merit in the exception based on the refusal of the court to dismiss the levy, to which an affidavit of illegality had been interposed, on the ground that no issue was joined by the plaintiffs, and that the facts set out in the affidavit of illegality were not controverted, it appearing from the record that upon the call of the ease issue was joined in writing upon the affidavit of illegality by the plaintiffs in fi. fa., and the allegations of the affidavit were denied.

2. An execution for costs was levied, and an affidavit of illegality was interposed. On the trial an oral…