Home/Court of Appeals of Georgia/Swain v. Nasworthy

Swain v. Nasworthy

58 S.E. 492, 2 Ga. App. 253, 1907 Ga. App. LEXIS 338
CourtCourt of Appeals of Georgia
DecidedJuly 4, 1907
Docket373
StatusPublished
Cited by4 cases

This text of 58 S.E. 492 (Swain v. Nasworthy) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swain v. Nasworthy, 58 S.E. 492, 2 Ga. App. 253, 1907 Ga. App. LEXIS 338 (Ga. Ct. App. 1907).

Opinion

Powell, J.

1. Upon the trial of a case arising from the filing of a counter-affidavit and replevy bond to- the foreclosure of a distress warrant, the defendant can not properly move to dismiss the levy on the ground that it is excessive.

2. The effect of filing the counter-affidavit and bond is to render the process mesne; and the proceeding becomes a suit to recover rent, the distress warrant operating as a declaration and the counter-affidavit as a, plea. Chisholm v. Lewis, 66 Ga. 729; Elam v. Hamilton, 69 Ga. 736; Seifert v. Holt, 80 Ga. 757, 9 S. E. 843.

3. The tenant’s remedy against an excessive levy, if he has any remedy, is an action in damages for the abuse of the process. Sturgis v. Frost, 56 Ga. 189. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Foy v. Johnston
65 S.E.2d 845 (Court of Appeals of Georgia, 1951)
Beavers v. Mabry
23 S.E.2d 672 (Supreme Court of Georgia, 1942)
Harrington v. Neese
184 S.E. 329 (Court of Appeals of Georgia, 1936)
Kirsch v. Witt
140 S.E. 511 (Court of Appeals of Georgia, 1927)

Cite This Page — Counsel Stack

Bluebook (online)
58 S.E. 492, 2 Ga. App. 253, 1907 Ga. App. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swain-v-nasworthy-gactapp-1907.