
    647.
    Hilley v. Perrin.
    Distraint, from city court of Elberton — Judge Proffitt. July .3, 1907.
    Submitted November 12,
    Decided November 25, 1907.
    
      J. N. Worley, for plaintiff in error. Z. B. Rogers, contra.
   Powell, J.

1. Exceptions pendente lite, though filed and recorded under order of the judge, can not be considered unless duly certified to be true. Civil Code, §5541; Binyard v. State, 126 Ga. 635 (55 S. E. 498).

2. Distress warrant lies in favor of a landlord against a tenant for the recovery of any rent due the former by the latter. This is true although the landlord, subsequent to the time the rent becomes due, takes a note for the rent. The character of the indebtedness is not changed by the taking of the note. Judgment affirmed.  