Wilkins v. Taliafero
Supreme Court of Georgia
Distress warrant. • Landlord and tenant. Before Judge James Johnson. Muscogee Superior Court.' May Term, 1873. Taliafero brought debt against Wilkins and others, as securities upon the bond of John E. Ivey, deceased, late sheriff of said county, for an amount of money alleged to have been realized by said sheriff on the sale of certain property levied on under a distress warrant in favor of the plaintiff.
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Distress warrant. • Landlord and tenant. Before Judge James Johnson. Muscogee Superior Court.' May Term, 1873. Taliafero brought debt against Wilkins and others, as securities upon the bond of John E. Ivey, deceased, late sheriff of said county, for an amount of money alleged to have been realized by said sheriff on the sale of certain property levied on under a distress warrant in favor of the plaintiff. Upon the trial of the case the following affidavit and distress warrant were tendered in evidence: “Before me, a justice of the peace in and for the county of Muscogee, personally, came…
1Opinion of the Court
McCay, Judge.
The question made in this case is whether the rent claimed by the affidavit is sufficiently certain to authorize a distress warrant. As to the four and.a half bales of cotton, each bale weighing five hundred pounds, and first-class in quality, which is alleged to be worth $528 75, it is admitted that this comes within the rule laid down in Seabrook’s case, 39 Georgia, 14, and which is well established by the authorities. But it is said that the promise to “ fix the kitchen ” which had been damaged by fire, and which it is alleged, in the affidavit, was worth $200 00, is so…
2Cited by2 opinions
- Price v. ThompsonCourt of Appeals of Georgia · 1908
- Fountain v. WhiteheadSupreme Court of Georgia · 1903