Johnson v. Lock

1. The bill of exceptions complains of the denial of a motion to vacate and set aside a judgment and verdict in a lien-foreclosure ease. The motion was based upon the alleged ground that the affidavit upon which the execution issued was null and void, for the reason that it did not allege that the tenant in question was “removing” or “seeking to remove” his crops from the rented premises, but alleged merely, in this connection, “that part of the crop has been moved by said tenant from the premises.” Held: (a) 'This defect in the affidavit was amendable. Civil Code (1910), § 5706; Collins v.…