Beach v. Averett
Supreme Court of Georgia
Certiorari. Before Judge Gober. Talbot superior court.' September term, 1897. To a distress warrant sued out by Averett agaifist Beach a •counter-affidavit was interposed, and the case was tried before E>. B. Searcy, N. P. and ex officio J. P. of the 886th district G. M. When the case was called for trial the defendant moved to dismiss the warrant, because it was not sworn to, and because it was not made returnable to the 886th district G. M. This motion was overruled.
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Certiorari. Before Judge Gober. Talbot superior court.' September term, 1897. To a distress warrant sued out by Averett agaifist Beach a •counter-affidavit was interposed, and the case was tried before E>. B. Searcy, N. P. and ex officio J. P. of the 886th district G. M. When the case was called for trial the defendant moved to dismiss the warrant, because it was not sworn to, and because it was not made returnable to the 886th district G. M. This motion was overruled. The plaintiff then proved his demand, and the court rendered judgment in his favor. Defendant on certiorari alleged that the…
1Opinion of the CourtLewis, J.
It appears from the record in the present case, that the oath upon which the justice’s warrant for rent issued was in writing, and was in the usual form of an affidavit for rent due by a tenant to his landlord. The writing itself recites that the affiant appeared before the magistrate, the name of the magistrate and his official designation being given. This written oath was signed by the affiant who was the plaintiff below, but there was an absence of the officer’s signature to the certificate that it was sworn to and subscribed before him. Following the affidavit was the distress warrant…
2Cases cited2 opinions
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- Wise v. YunkerMichigan Supreme Court · 1923
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