Wellman v. Holston Hardwood Co.

On petition for rehearing:

It is urged that the distress warrant should have been quashed because of insufficient averment in the affidavit on which the warrant was based as to the contract under which the services were rendered. In support of this position reliance is placed on the case of Hedrick v. Pack, 105 W. Va. 546, wherein the court said: “The procedure (distress for rent) is in the nature of an action for the recovery of a debt in which the defendant may make legal and equitable defense and the property is held pending disposition by the court. The affidavit for the distress warrant…