Kimball Co. v. Rogers

“Any person who may have rent due may, by himself, his agent, or attorney, make application to any justice of the peace within the county where his debtor may reside, or where his property may be found, and obtain from such justice a distress warrant for the sum claimed to be due, on' the oath of the principal, his agent, or attorney, in writing,” etc. Civil Code of 1910, § 5390. An allegation either that the debtor resides in the county where the application for a distress warrant is made or that he has property therein is essential to show jurisdiction. “A justice of the peace having issued…