Huckaby v. Brooks

Jackson, Chief Justice.

Brooks sued out a distress warrant against Huckaby for rent due on a house and lot, and the same was levied upon *679a horse and. buggy on the 2d of December, 1S84, the same day on which the warrant was issued. No counter-affidavit was made under the law providing for the issue of such distress warrants for rents, which is to be found in sections 4082, 4083 and 4084 of the Code, no bond and security having been given under section 4083. On the next day, however, to-wit, on the 3d of December, after the levy, the plaintiff made another affidavit, to the effect that the…