Northside Farmers Market Inc. v. Wright

The only method now provided by law for the arresting of a distress warrant is that of the filing of a counter-affidavit alleging that the sum distrained for, or some part thereof, is not due, together with security for the eventual condemnation money where the tenant takes possession of the property. Code, § 61-404; McCulloch v. Good, Small & Co., 63 Ga. 519; Huckaby v. Brooks, 75 Ga. 678; Speed Oil Co. v. Aldredge, 192 Ga. 285 (15 S. E. 2d, 214); Withers v. Hopkins Place Savings Bank, 104 Ga. 89 (30 S. E. 766). In the absence of a counter-affidavit as required by the Code there is no case…