Winter v. Hindin

Rodney, J.,

delivering the opinion of the Court:

The plaintiff advances three reasons for the illegality of the levy which will be taken up in order.

First, the plaintiff argues that the distress warrant was issued against George L. Winter and Mabel M. Winter; that the debt being that of George L. Winter and he being the sole lessee of the premises, the wife, Mabel M. Winter, not being a party thereto, Mabel M. Winter was improperly joined therein. The plaintiff argues that the right to distrain for rent is analogous to and dependent upon the right to maintain an action for the rent and that, as…