Drake v. Dawson
Supreme Court of Georgia
Distress warrant. Practice in the Superior Court. Attorney and client. Before Judge Pottle. Hancock Superior Court. April Term, 1880. To the report contained in the decision, it is only necessary to add that the affidavit upon which the distress warrant was issued was as follows : " Georgia — Hancock County.
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Distress warrant. Practice in the Superior Court. Attorney and client. Before Judge Pottle. Hancock Superior Court. April Term, 1880. To the report contained in the decision, it is only necessary to add that the affidavit upon which the distress warrant was issued was as follows : " Georgia — Hancock County. “ Personally came James A. Harley, attorney for John Drake, who being duly sworn deposes and says, that to the best of his knowledge and belief A. Dawson, of said county, is justly indebted, etc. * * *■ [Signed] Jas. A. Harley, Att’y. his John Drake.” mark. “Sworn to and subscribed before…
1Opinion of the Court
JACKSON, Chief Justice.
This was a proceeding to distrain for rent, sued out by the plaintiff in error against the defendant in error, and brought before the court by counter-affidavit on the part, of the defendant. On motion of the defendant the distress warrant was dismissed on the ground that it was illegally issued on the affidavit of plaintiff, whereas in fact it was not sworn to at all by him but by his attorney, and that only to the best of the attorney’s knowledge and belief ; whereupon the plaintiff excepted, and assigns for error:
First, that he had made a motion to dismiss the…
2Cases cited3 opinions
- Driver v. MaxwellSupreme Court of Georgia · 1876
- Habersham v. Eppinger & RussellSupreme Court of Georgia · 1878
- Smith v. HaireSupreme Court of Georgia · 1877
3Cited by6 opinions
- Johnston v. PattersonSupreme Court of Georgia · 1891
- Murphey v. McGoughSupreme Court of Georgia · 1898
- Clark v. LeeSupreme Court of Georgia · 1888
- Sims v. Hatcher & WilkersonSupreme Court of Georgia · 1887
- Botatoles v. HillSupreme Court of Georgia · 1935
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