Brooke v. Augusta Warehouse & Banking Co.
Supreme Court of Georgia
Distress warrant. Before Judge Eve. City court of Richmond county. April 4, 1903.
1Opinion of the CourtKish, P. J.
1. Where after levy the progress of a distress warrant is arrested by counter-affidavit denying that the sum distrained for is due, the warrant becomes mesne process, and the proceeding is converted into a suit for the rent. Chisholm v. Lewis, 66 Ga. 729; Elam v. Hamilton, 69 Ga. 736. Such counter-affidavit is a plea to the merits. See Hawkins v. Collier, 101 Ga. 145 (2), and cit. “After a plea to the merits a defendant can make no *947objection to the manner by which he has been brought into court. ” Pool v. Perdue, 44 Ga. 458; Civil Code, § 4981. It follows that where a distress warrant was, by…
2Cases cited4 opinions
- Hawkins v. CollierSupreme Court of Georgia · 1897
- Pool v. PerdueSupreme Court of Georgia · 1871
- Elam v. HamiltonSupreme Court of Georgia · 1882
- Chisholm v. Lewis & Co.Supreme Court of Georgia · 1881
3Cited by6 opinions
- Mullis v. McCookSupreme Court of Georgia · 1937
- Beavers v. MabrySupreme Court of Georgia · 1942
- Citizens National Bank v. Swift Fertilizer WorksCourt of Appeals of Georgia · 1915
- Hieber v. BuchananSupreme Court of Georgia · 1947
- Foy v. JohnstonCourt of Appeals of Georgia · 1951
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