Westbrook v. Harrison
Supreme Court of Georgia
Distress warrant. Before Judge Eish. Macon superior court. November term, 1895. A distress warrant in favor of John Harrison against Tony Westbrook was met by a counter-affidavit that the sum distrained for was not due.
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Distress warrant. Before Judge Eish. Macon superior court. November term, 1895. A distress warrant in favor of John Harrison against Tony Westbrook was met by a counter-affidavit that the sum distrained for was not due. Upon the trial defendant moved to quash the distress warrant, upon the ground that it was issued upon an affidavit of IT. 0. McKenzie, attorney at law for John Harrison, who swore that to the best of his knowledge and belief Westbrook was indebted to Harrison $188 for rent of land and $50 for the rent of two mules, and that said rent is due and unpaid.. Plaintiff’s counsel…
1Opinion of the CourtAtkinson, J.
1. Atocording to the decision of this court in Reese v. Walker, 89 Ga. 72, an affidavit for obtaining a distress warrant, made by an attorney at law of the plaintiff, in which the •affiant deposed “to the best of his knowledge and belief” that the rent claimed was due, was amendable so as to make the •affidavit -as to this matter positive.
2. The amendment to the affidavit having been rightly allowed, it was of course proper to allow the -distress warrant to bé -amended so as to make the same conform to the affidavit,
Judgment affirmed.
A distress warrant in favor of John Harrison against Tony…
2Cases cited1 opinion
- Reese v. WalkerSupreme Court of Georgia · 1892
3Cited by1 opinion
- Kimball Co. v. RogersCourt of Appeals of Georgia · 1916