Estill v. Savannah Bank & Trust Co.

The plaintiff in the court below sued out a distress warrant against Estill, the defendant, on the ground that the defendant “is seeking to remove his goods from the premises.” The distress warrant was levied upon a stock of goods on the leased premises. Estill filed a counter-affidavit, in which he deposed “that it is not true, as alleged in the affidavit upon which the distress warrant issued, that this defendant is seeking to remove his goods from the premises leased by him, as alleged.” The trial upon the issue thus formed resulted in a verdict for the plaintiff. The defendant filed a…