Scruggs v. Gibson
Supreme Court of Georgia
Distress-warrant. Evidence. Charge oí Court. Before Beuben W. Carswell, Esq. Glasscock Superior Court. August Term, 1869. This .case was begun by an affidavit by William Gibson, made on the 21st of December, 1868, in these words only, “that he is one of the administrators on the estate of Sterling Gibson, deceased, and that Cicero Gibson is the other, and that Edward G. Scruggs is justly Indebted to them as such administrators, for rent, the sum of $398 00 the present year,…
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Distress-warrant. Evidence. Charge oí Court. Before Beuben W. Carswell, Esq. Glasscock Superior Court. August Term, 1869. This .case was begun by an affidavit by William Gibson, made on the 21st of December, 1868, in these words only, “that he is one of the administrators on the estate of Sterling Gibson, deceased, and that Cicero Gibson is the other, and that Edward G. Scruggs is justly Indebted to them as such administrators, for rent, the sum of $398 00 the present year, and that said Edward G. has already removed'from said premises a portion of his property, and is seeking to remove th'e…
1Opinion of the CourtMcCay, J.
1. The affidavit that the defendant is “justly indebted,^ amounts to an affidavit that the debt is due. It is the form prescribed by law to make such an affidavit in cases of attachment, and it was sufficient to hold defendant to bail as for a debt due: Rev. Code, secs. 3200, 3341.
2. We see no reason why one administrator may not make the affidavit. One tenant-in-common might distrain in the name of all at common law: Archbold L. & T., 110; and one administrator may verify a bill or bring a suit in the name of both. Besides, the oath may be by an agent, and surely one administrator is the…
2Cited by7 opinions
- Glover v. MaddoxCourt of Appeals of Georgia · 1959
- Irwin v. LarsonCourt of Appeals for the Fifth Circuit · 1938
- Cohen & Co. v. CandlerSupreme Court of Georgia · 1891
- Marshall v. AveraCourt of Appeals of Georgia · 1923
- Tucker v. CoxSupreme Court of Georgia · 1880
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