Johnson v. Lock

This ease arises ont of the overruling of a motion to set aside a verdict and judgment procured in a proceeding to dis-train for rent, where the only ground alleged-in the affidavit on which the distress warrant was based (and stated in the warrant) was that “said rent is now due and unpaid by reason of the fact that said tenant has removed part of the crop from the premises.”

The general rules controlling this case are clearly and concisely stated by Justice Atkinson in McDonald v. Kimball Co., 144 Ga. 105 (2) (86 S. E. 234), as follows: “If the pleadings are so defective that no legal…