Horne v. Powell
Supreme Court of Georgia
Distress warrant. Claim. Evidence. Practice. Before Judge Miller. Bibb superior court. April term, 1891. A distress warrant in favor of Powell against Fleming & Johnson was levied upon certain property claimed by Horne. The warrant was issued on December 7, 1887, on an affidavit made by Powell the same day, which affidavit stated that, though the rent was not due, Fleming & Johnson were seeking to remove their goods from the premises.
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Distress warrant. Claim. Evidence. Practice. Before Judge Miller. Bibb superior court. April term, 1891. A distress warrant in favor of Powell against Fleming & Johnson was levied upon certain property claimed by Horne. The warrant was issued on December 7, 1887, on an affidavit made by Powell the same day, which affidavit stated that, though the rent was not due, Fleming & Johnson were seeking to remove their goods from the premises. The jury found the property subject, and $100 damages. Claimant’s motion for new trial was overruled, and he excepted. In addition to the grounds that the…
1Opinion of the Court
Lumpkin, Justice.
A distress warrant for rent having been issued and the property levied upon claimed, the claimant upon the trial of the issue thus made endeavored to attack the warrant by proving that the ground upon which it was sued out was untrue in fact, and the question presented is whether or not the evidence offered for this purpose should have been received,
The true rule applicable in cases of this kind is, we apprehend, as follows: The claimant at the trial has the right to make any attack upon the process levied which the defendant therein could then make; for instance, he may…
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