Davis v. DeVaughn

Only one question is involved in this case. Can a person who has rent due him, growing out of the leasing or renting of a tenement in the State of Alabama, proceed by a distress warrant? Davis sued out a distress warrant against Mr. and Mrs. DeVaughn, alleging that they were due him a sum of money for; the .rent of a house in Birmingham, Alabama, and caused it to be levied on certain property in this State. The defendants replevied by giving the statutory bond. At the trial they moved to dismiss, the action, on the ground that “the warrant shows that said contract of rental was made in the…