Maxwell v. Collier

1. On an affidavit containing proper averments, made by C. as the agent of F., to secure the issuance of a distress warrant, that process should be issued in favor of the principal F.; if it issue in favor of “ C. as the agent of F.,” it is one in favor of C. individually, because the words, “ as agent of F.,” are descriptio personas. The warrant so issued does not follow the affidavit ; and on the trial of an issue, raised by the interposition of a claim, to a levy of the warrant, it is error to overrule the motion of the claimant to dismiss the levy. Wynn v. Irvine, 109 Ga. 287, and cases…