Stephens v. Hooks
Supreme Court of Georgia
Distress warrant. Before Judge .Taliaferro. City court of Sandersville. April 23, 1905. An affidavit to obtain a distress warrant recited that “ J. K. Stephens, agent for E. L. Stephens, . . on oath says that Jeff Hooks . . is justly indebted to him ” in a stated sum for the rent of a described farm. The affidavit was signed, “ J. K. Stephens.”
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Distress warrant. Before Judge .Taliaferro. City court of Sandersville. April 23, 1905. An affidavit to obtain a distress warrant recited that “ J. K. Stephens, agent for E. L. Stephens, . . on oath says that Jeff Hooks . . is justly indebted to him ” in a stated sum for the rent of a described farm. The affidavit was signed, “ J. K. Stephens.” Upon this affidavit a distress warrant issued, which recited that “ J. K. Stephens, agent for E. L. Stephens, having made oath that Jeff Hooks . . is justly indebted to him” in the sum named in the affidavit, for the rent of the farm therein described,…
1Opinion of the CourtCobb, J.
The distress warrant was proceeding in the name of J. K. Stephens, the words “ as agent,” etc., being merely descriptive of the person. Maxwell v. Collier, 115 Ga. 304. In the case just cited the affidavit was regular in all respects, it averring that the affiant was the agent of the landlord and that the defendant was indebted to the landlord. The warrant issued in the name of the affiant as agent for the landlord ; and it was held that in a claim case the levy should have been dismissed for this reason, as the warrant did not follow the affidavit. In the present cáse the affidavit is…
2Cases cited1 opinion
- Maxwell v. CollierSupreme Court of Georgia · 1902