McMahan v. Tyson
Supreme Court of Georgia
Distress warrant and illegality, in Lee Superior Court. Before Judge Allen, April, 1857. This was a distress warrant issued by a Justice of the Peace, at the instance and upon the oath of William J. Tyson, the landlord, against John B. McMahan, the tenant, for the recovery of the sum of #150 41, besides interest, claimed to be due for rent.
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Distress warrant and illegality, in Lee Superior Court. Before Judge Allen, April, 1857. This was a distress warrant issued by a Justice of the Peace, at the instance and upon the oath of William J. Tyson, the landlord, against John B. McMahan, the tenant, for the recovery of the sum of #150 41, besides interest, claimed to be due for rent. The warrant was levied by a constable upon a lot of corn and fodder, which defendant replevied, and filed his affidavit of illegality, on the grounds: 1st. Because the entire sum distrained for is not due or owing for rent, but a part of the consideration…
1Opinion of the Court
By the Court. —
Benning, J.
delivering the opinion.
The first question is, was the Court right in overruling the motion, to dismiss the distress warrant ?
That motion was, it seems from the argument, put upon the ground, that the Justice of the Peace issuing the warrant, was not a Justice of the district in which the tenant resided. But, first, there is nothing 'in the record to show, whether this ground was true or not; and, secondly, if the ground was true, we should be very much inclined to hold, that it would not be a sufficient ground. The part of the Act of 1811, relied on in support of the…
2Cited by13 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Arnold v. CarterSupreme Court of Georgia · 1906
- Johnston v. PattersonSupreme Court of Georgia · 1891
- Jones v. FindleySupreme Court of Georgia · 1889
- Whigham v. Hall & Co.Court of Appeals of Georgia · 1911
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