Manry v. Shepperd

Bleckley, Judge. We think there was no error in overruling the affidavit of illegality on any of the grounds except the third, which is disposed of in the eighth head-note. That ground was good, in substance; and the plaintiff virtually yielded the question by amending the fi. fa. The Code is express, that a levy pending when such an amendment is made, falls. Why does it fall ? Not because it becomes illegal by the amendment, but because it was illegal before, and remains so : Code, section 3495. Judgment reversed.