City Council v. Air Maintenance & Sheet Metal, Inc.

There was no issue before the trial court as to Air Maintenance & Sheet Metal, Inc. The corporate tenant filed no counter-affidavit and bond, and in such case the process became final and it was the duty of the officer in whose hands the warrant was placed to proceed forthwith to execute the warrant. Code § 61-306.

In its affidavit the city proceeded against Air Maintenance & Sheet Metal, Inc., and R. S. Henry, trading as Air Maintenance & Sheet Metal Company, as joint tenants under a lease. R. S. Henry contended that he, trading as an individual, was a tenant under the lease. When the…