Brown v. Alfriend
Supreme Court of Georgia
Distress warrant. Courts. Jurisdiction. Becoupment. Torts. Before Judge Pottle. Hancock Superior Court. April Term, 1878. Alfriend sued out a distress warrant against Brown before the county judge; defendant filed a counter-affidavit. The amount involved being $400.00, the case was returned to the superior court.
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Distress warrant. Courts. Jurisdiction. Becoupment. Torts. Before Judge Pottle. Hancock Superior Court. April Term, 1878. Alfriend sued out a distress warrant against Brown before the county judge; defendant filed a counter-affidavit. The amount involved being $400.00, the case was returned to the superior court. On the trial, defendant moved to dismiss the warrant for want of jurisdiction in the county judge to issue it, it being for more than he had the power to dispose of; the motion was overruled. The jury found for plaintiff. Defendant moved for a new trial, which was refused, and he…
1Opinion of the Court
Jackson, Justice.
Under the certificate of the judge on the motion for a new trial, but two questions are made in this record : first, has the judge of the county court authority in law to issue a distress warrant for rent where the sum distrained for is $400.00 ? and secondly, did the court err in rejecting the *14following answer to the question, “why he did not pay the rent ”? put to defendant, to-wit: “that the people of plaintiff went and took down the fence and let the stock in on the crop ; and that plaintiff’s stock were notoriously mischievous, and that in full view of her door she…
2Cited by3 opinions
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- Branch v. HewinCourt of Appeals of Georgia · 1923