Foy v. Johnston

I do not agree with the majority that the filing of a counter-affidavit to a distress warrant waives jurisdictional questions for the reason that the only provision for arresting distress proceedings is the filing of a counter-affidavit alleging that the sum distrained for or a part thereof is not due. Not until this is done do the proceedings become a case in court wherein demurrers or special pleas can be filed. There can be no waiver of jursdiction in the absence of a choice which could result in a waiver. I concur in the judgment because the effect of the defendant’s motion was a plea to…