Cornwell v. Leverette

Mrs. Emily Leverette caused a distress warrant to be issued against her tenant, G. L. Cornwell, for “the sum of $70 or 1/4 of the balance of the crop to be gathered” on the rented premises. To the levy of this distress warrant the defendant filed his counter-affidavit that no part of the rent claimed was due. The distress warrant and counter-affidavit were returned to the justice’s court. On motion of the defendant, the justice required the plaintiff to elect whether the distress warrant should proceed for the money claimed or one fourth of the crop, and the plaintiff made-her election that…