Poss v. Norris

Atkinson, Justice.

(After stating the foregoing facts.) The plaintiff in error contends that the affidavit of the sheriff, filed with the judge in November, 1943, was no part of the proceeding which had previously been instituted against Lokey; but that it was a separate and distinct action, and could not proceed at the instance and in the name of the sheriff, because a proceeding to abate a public nuisance must be brought in the name of the solicitor-general. The State, as defendant in error, insists that the act of the sheriff, in filing an affidavit setting forth that the plaintiff in error…