
    3255.
    Cunnard v. Childs.
    Decided December 19, 1911.
    Affidavit of illegality; from city court of Covington — Judge
    Wbaley.
    February 10, 1911.
    
      A. S. Thurman, for plaintiff in error.
    
      R. W. Milner, contra.
   Russell, J.

A defendant who has been served and who has had her day-in court can not go behind the judgment by affidavit of illegality, for the purpose of showing that she was surety on the note which is the basis of the judgment, and that she is released because of conduct of the creditor prior to the rendition of the judgment. Civil Code (1910), § 5311; Bird v. Burgsteiner, 108 Ga. 654 (34 S. E. 183); Steele v. Atlanta Co., 91 Ga. 64 (16 S. E. 257).

Judgment affirmed.  