Legal Opinion

Foy v. Johnston

Court of Appeals of Georgia

Decided June 29, 1951No. 33590Published

1Opinion of the CourtStjtton, C. J.

(After stating the foregoing facts.) The controlling question here presented is whether the case should ■have been transferred by the Judge of the Superior Court of Dougherty County to the Superior Court of Worth County, and *245counsel for both parties have directed their arguments to this question.

A distress warrant for rent due may be sued out before a justice of the peace in the county where the debtor may reside or where his property may be found, and executed, as provided for by Code § 61-402. “The party distrained may in all cases replevy the property so distrained, by making oath that the…

2Cases cited5 opinions

  1. Black v. Milner Hotels Inc.Supreme Court of Georgia · 1942
  2. Hawkins v. CollierSupreme Court of Georgia · 1897
  3. Berry v. WatkinsSupreme Court of Georgia · 1924
  4. Brooke v. Augusta Warehouse & Banking Co.Supreme Court of Georgia · 1904
  5. Swain v. NasworthyCourt of Appeals of Georgia · 1907

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