Taylor v. Taylor

Three separate and distinct distress warrants were sued out by J. M. Taylor against J. W. Taylor in a justice’s court of Lamar county. The defendant died a counter-affidavit in each case, and the cases were then appealed, by consent, to the superior court. “By agreement of counsel said cases were consolidated and tried at one time, and after a jury had been selected and after the plaintiff had introduced evidence, counsel for the plaintiff moved the court to dismiss the counter-affidavits of the defendant, on the ground that the original action was a distress warrant and defendant had failed…