14 Ga. App. 152 | Ga. Ct. App. | 1914
This was a distress warrant issued by the clerk of the city court of Millen, in favor of T. Z. & P. V. Daniel Company, as landlord, against A. E. Newton, as tenant. The affidavit to obtain the warrant was made by C. A. Hattaway, and states that he is “an employee” of the landlord, but does not state that he is the landlord’s agent or attorney. Upon this affidavit the clerk of the court issued the warrant, which was duly levied on property of the defendant.'' A counter-affidavit was filed by the defendant and bond given. When the case was called for trial, no appearance was made for the defendant or his bondsman; whereupon the court dismissed the counter-affidavit and rendered judgment against the defendant and his bondsman for the amount sued for. To this