Swain v. Nasworthy

1. Upon the trial of a case arising from the filing of a counter-affidavit and replevy bond to- the foreclosure of a distress warrant, the defendant can not properly move to dismiss the levy on the ground that it is excessive.

2. The effect of filing the counter-affidavit and bond is to render the process mesne; and the proceeding becomes a suit to recover rent, the distress warrant operating as a declaration and the counter-affidavit as a, plea. Chisholm v. Lewis, 66 Ga. 729; Elam v. Hamilton, 69 Ga. 736; Seifert v. Holt, 80 Ga. 757, 9 S. E. 843.

3. The tenant’s remedy against an excessive…