Affidavit properly dismissed when no showing that execution issued or levy made.

- When there is nothing in the record to show that an execution had been issued, the trial court did not err in dismissing the affidavit of illegality. Robbins v. Kinman, 177 Ga. 46, 169 S.E. 304 (1933).

Affidavit of illegality interposed by the defendant in the main case to a garnishment proceeding should be dismissed if the affidavit does not appear that there was any levy upon the property of the defendant. Powell v. Powell, 95 Ga. App. 122, 97 S.E.2d 193 (1957).

Party estopped to deny levy once admitted in affidavit of illegality.

- Defendant in fieri facias who has recited a levy in the defendant's affidavit of illegality will not be heard to controvert the fact of such levy at the trial of the affidavit. Smith v. Camp, 84 Ga. 117, 10 S.E. 539 (1889).

Affidavit improper when levy on property of another.

- When an execution against an individual has been levied upon property of a corporation, the former cannot interpose an affidavit of illegality thereto. State v. Sallade, 111 Ga. 700, 36 S.E. 922 (1900).

Cited in Georgia Ry. & Power Co. v. Head, 150 Ga. 177, 103 S.E. 158 (1920); Carter v. Alma State Bank, 34 Ga. App. 766, 131 S.E. 184 (1926); McClenton v. Wetherington, 89 Ga. App. 61, 78 S.E.2d 550 (1953); Lenett v. Lutz, 215 Ga. 369, 110 S.E.2d 628 (1959); Marietta Broadcasting Co. v. Advance Mktg. Research, Inc., 231 Ga. 13, 200 S.E.2d 134 (1973).

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions and Enforcement of Judgments, § 269 et seq.

C.J.S.

- 33 C.J.S., Executions, § 291 et seq.