1. There being no levy upon the property of the defendant and no bond given by him to dissolve the garnishment based upon the judgment against him, he was not such a party to the garnishment proceedings as to authorize the interposition of an affidavit of illegality on his part. Leake v. Tyner, 112 Ga. 919 (38 S. E. 343).

2. The judge of the superior court erred in overruling the certiorari.

Judgment reversed.