At the first term of the court to which the execution and the affidavits have been returned, an issue shall be formed upon the same and tried as in cases of illegality.
(Ga. L. 1871-72, p. 43, § 3; Code 1873, § 2030; Code 1882, § 2030; Civil Code 1895, § 2852; Civil Code 1910, § 3402; Code 1933, § 51-904; Ga. L. 1983, p. 1170, § 2.)