If execution as provided in subsection (b) of Code Section 48-5-238 issues for an amount greater than the amount due or if the defendant denies on oath owing any part of the amount claimed, the defendant may cause an issue to be formed on the execution by filing an affidavit of illegality according to the rules governing other illegalities. Each issue shall be tried by a jury at the first term of the superior court held after the filing of the affidavit.
Section: Previous 48-5-220 48-5-221 48-5-232 48-5-233 48-5-234 48-5-235 48-5-236 48-5-237 48-5-238 48-5-239 48-5-240 48-5-241 48-5-242 NextLast modified: October 14, 2016