Houston v. Kurtz

Hall, Judge.

Upon a judgment of $204.25 recovered by the plaintiff in the Civil and Criminal Court of Cobb County, the clerk issued a fi. fa. which was levied by the deputy marshal. The defendant filed an affidavit of illegality on the ground that within four days from the rendition of the judgment he had filed an appeal, which was still pending, in the Superior Court of Cobb County, as provided by law, and that *16the clerk of the civil and criminal court had failed and refused to transmit the appeal to the superior court as required by law. The trial judge sustained the plaintiff’s oral motion…