Toomer v. Mann

Jackson, Justice.

The single question made in the 'record is, whether the tenant can make up an issue by affidavit without giving security to be returned to court for trial under §4083 of the Code, when his property is distrained. In this case he turned over the property to tbe levying officer and gave that in lieu of security, and the officer sold it at private sale, and then returned the papers for trial; was that sufficient to give the court power to try the issue thereupon made ? The superior court thought not, and dismissed tbe proceeding; the county court had allowed the bond and…