Reid v. Brinson
Supreme Court of Georgia
Distress warrant. Certiorari. Decided by Judge Yason. Dougherty Superior Court. October Term, 1867. Brinson, as executor of Brinson, sued out a distress warrant for rent, against Reid, for $750.00 with interest, and procured it to be levied by the special-bailiff of the County-Court of said county, upon certain cotton and' corn.
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Distress warrant. Certiorari. Decided by Judge Yason. Dougherty Superior Court. October Term, 1867. Brinson, as executor of Brinson, sued out a distress warrant for rent, against Reid, for $750.00 with interest, and procured it to be levied by the special-bailiff of the County-Court of said county, upon certain cotton and' corn. Reid made affidavit that “ a part of the rent distrained for was not due,” replevied the property, and the bailiff returned the papers to the County-Court. When the case was called for trial, defendant’s attorneys moved for a continuance, because Eeid, who had been…
1Opinion of the Court
Harris, J,
The principal question in the record requiring the decision of this Court, is, was the Judge below right in holding that the distress warrant itself was prima facie evidence of the indebtedness of defendant, after issue had been made by the counter affidavit of defendant. It is difficult to distinguish the legal process issued at the instance of the plaintiff below, from other process in Courts, and how they can become direct evidence when traversed, or rather prima facie evidence to sustain the demand of a party, is not apparent to us. When an issue is made, as in this case, we…
2Cited by1 opinion
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