Goggins v. Jones

The sole question involved in this case is, whether or not the defendant in a distress warrant can lawfully interpose a counter-affidavit and replevy the property by depositing a sum of money with the levying officer, instead of giving bond and security for the eventual condemnation-money. The decision of this question depends upon the construction of section 4819 of the Civil Code. The’ provisions of that section are as follows: “ The party distrained may in all cases replevy the property so distrained, by making oath that the sum, or some part thereof, distrained for is not due, and give…