Wright v. Hawkins

68 Ga. 828

Opinion

2. A counter affidavit that a part of the rent distrained for is not due, is sufficient to carry the case to the jury, and is not demurrable.

3. Where an affidavit to obtain a distress warrant states directly or by legal implication that the rent is due, and also adds the statement that the tenant is removing his property, the latter allegation may be treated as surplusage, and does not necessarily vitiate the proceeding.