Smith v. Coker

A distress warrant sued out by W. H. Coker against Nathan Smith was levied on property belonging to the latter. The defendant filed a counter-affidavit alleging that the sum distrained for was not due, because he had never rented from the plaintiff the premises for which the rent was claimed or recognized him as landlord, but on thé contrary had expressly • refused to do so. The issue thus made was found against the defendant in a. justice’s court, and he sued out a certiorari, to the overruling of which by the superior court he excepted. The petition for certiorari in general terms…