Cobb v. McCrary

Smith, Judge.

Appellant asserts that the trial court erred in denying appellant’s motion to set aside the judgment issuing a distress warrant. Appellant argues that the trial court lacked subject matter jurisdiction and that the judgment in this case was void ab initio because the affidavit used in applying for the distress warrant was not sworn to before one of the judicial officers enumerated in Code § 61-402. Appellant also contends that the affidavit used in applying for the distress warrant was defective because it failed to state both that appellant’s rent was due and that appellant was…