119 Ga. 946 | Ga. | 1904
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
2. A complaint that the court erred in admitting, over the objection of the movant, certain parol testimony when there was higher written evidence of the fact, is not meritorious, when it does not appear from the motion itself that there was such better evidence.
3. While there was some evidence tending to show that the contract between plaintiff and defendant was one of bailment, there was ample evidence to authorize a finding that it was one of rental.
Judgment affirmed.