Eppinger & Russell v. Habersham

Warner, Chief Justice.

Habersham sued out a distress warrant for rent against Eppinger & Russell, which was levied on certain described property. The defendants'filed a counter-affidavit, and when the case was called ’for trial, the plaintiff made a motion to dismiss the defendants’ counter-affidavit, not on the ground that it was defective, but oii the ground that they had previously filed a counter-affidavit in the same case, and which had been dismissed at a former term of the court. The defendants then immediately thereafter, made a motion to dismiss the plaintiff’s distress warrant, and…