Merry v. Wilds

'.Simmons, Chief Justice.

Merry sued out a distress warrant against Wilds, which was levied upon the- latter’s property. Wilds filed a counter-affidavit. The papers were returned to a justice’s court. The justice rendered judgment in favor of the plaintiff, and^ Wilds appealed to a jury. On the day set for the trial of the case by the jury, before the court was organized by impaneling the jury and before the plaintiff and his counsel appeared, the counsel of Wilds moved to dismiss the levy upon •the distress warrant for some defect in the affidavit upon *426which the distress warrant was issued.…