Smith v. Green
Supreme Court of Georgia
Oertiorari in Houston Superior Court. Decided by Judge Loohrane at October Term, 1862. On the first of January 1858, on the affidavit of Smith, a distress warrant for rent was issued in his favor against Green, by a Justice of the Peace of Houston county. The warrant, on its face, was made returnable to the Inferior Court. It was for one hundred and seventy-five dollars besides interest; and was levied, the same day, upon a piano.
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Oertiorari in Houston Superior Court. Decided by Judge Loohrane at October Term, 1862. On the first of January 1858, on the affidavit of Smith, a distress warrant for rent was issued in his favor against Green, by a Justice of the Peace of Houston county. The warrant, on its face, was made returnable to the Inferior Court. It was for one hundred and seventy-five dollars besides interest; and was levied, the same day, upon a piano. The record shows no disposition of that levy; nor does it appear that any affidavit was interposed by Green to controvert the amount claimed to be due, or to…
1Opinion of the CourtLyon, J.
We concur with the judgment of the Court below.
The original proceeding was by distress warrant, sued out under the statute for the recovery of the amount of rent claimed by the plaintiff, against the defendant Green. Up'on that proceeding no garnishment is authorized by the statute, nor is it, nor can it be, the basis of a collateral or other proceeding, in the Inferior or Superior Court, to obtain general judgment for the rent debt; but it is a final process of itself, under which the property of the tenant may be levied *181and sold to satisfaction, “ as in cases of other executions,” unless…
2Cited by5 opinions
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- Johnson v. United Brotherhood of Carpenters Local No. 256Court of Appeals of Georgia · 1956
- Taylor v. BenjaminSupreme Court of Georgia · 1886
- Taylor v. BenjaminSupreme Court of Georgia · 1886