Keaton v. McDonald
Supreme Court of Georgia
Distress warrant, from Dougherty county. Decided by Judge Allen, December Term, 1857. A distress warrant was issued by Jackson, a Justice of the Inferior Court of Dougherty county, in favor of Benjamin O. Keaton against Archibald McDonald, for rent. This warrant the Sheriff executed by levying, in part, on a lot of land.
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Distress warrant, from Dougherty county. Decided by Judge Allen, December Term, 1857. A distress warrant was issued by Jackson, a Justice of the Inferior Court of Dougherty county, in favor of Benjamin O. Keaton against Archibald McDonald, for rent. This warrant the Sheriff executed by levying, in part, on a lot of land. On the 12th of April, 1856, McDonald moved the Superior Court that the distress warrant might be dismissed, on the following grounds: 1st. Because the same was issued by a Justice of the Inferior Court who, by law, was not authorized to do so. 2d. That the same was levied…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
The right to issue such a -warrant as this depends solely upon the Act of 1S11, “to regulate the collection of rent.” Before that Act, no Judge, or Justice of the Peace, or Court, had the right. The right, then, that exists, is just such as the Act creates, — neither more nor less. The Act says, that the warrant is to be obtained from “ any Justice of the Peace within the district where” the tenant resides; and it does not say, that the warrant is to be obtained from any one else. It must follow, then, that the Act does not confer the right upon any…
2Cited by1 opinion
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