Herndon v. Black

1. Where a distress warrant was issued, to which a counter-affidavit was filed, and upon the trial of the issue thus made in a justice’s court, the magistrate, after hearing the evidence of the plaintiff, rendered a judgment dismissing the warrant and awarding the costs against the plaintiff, such judgment was, in effect, equivalent to a judgment of nonsuit only, and constituted no bar to the issuing of a second distress warrant for the rent alleged to be due in the first. After the filing of the counter-affidavit, the first warrant became mesne process, the trial was similar to that of an…