Phillips v. Rawls

1. A distress warrant is a final process until arrested by counter-affidavit and replevy bond. Gober v. Barry, 4 Ga. App. 4, 6 (60 S. E. 807). But when the defendant replevies the property the levy becomes functus, and the proceeding is converted into an ordinary action for rent, with the bond standing- as security in the event of a judgment for the plaintiff. If the counter-affidavit is dismissed, the distress warrant at once becomes again operative as final process. Griggs v. Wilbanks, 96 Ga. 744 (22 S. E. 327). But when it stands and the property is released under the affidavit and bond,…