Legal Opinion

Brooke v. Augusta Warehouse & Banking Co.

Supreme Court of Georgia

Decided March 31, 1904PublishedCited by 6 opinions

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

  1. Hawkins v. CollierSupreme Court of Georgia · 1897
  2. Pool v. PerdueSupreme Court of Georgia · 1871
  3. Elam v. HamiltonSupreme Court of Georgia · 1882
  4. Chisholm v. Lewis & Co.Supreme Court of Georgia · 1881

3Cited by6 opinions

  1. Mullis v. McCookSupreme Court of Georgia · 1937
  2. Beavers v. MabrySupreme Court of Georgia · 1942
  3. Citizens National Bank v. Swift Fertilizer WorksCourt of Appeals of Georgia · 1915
  4. Hieber v. BuchananSupreme Court of Georgia · 1947
  5. Foy v. JohnstonCourt of Appeals of Georgia · 1951

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