Carter v. Caverly

(After stating the facts.) An affidavit as the basis of the issuance of a distress warrant may be made by the attorney at law of the landlord. Civil Code (1910), § 5390. Since affidavits that are the foundation of legal proceedings are amendable (Civil Code, § 5706), an affidavit which is the foundation for *90the issuance of. a. distress warrant, made by an attorney at'law of the landlord and containing an allegation that the rent alleged do be due is due to the deponent, is'amendable by alleging that it is due to the landlord. . Such an affidavit being amendable, a replevy bond.given by the…