
    T. W. Ward v. Pollock & Gibbs.
    (No. 5523.)
    Distress warrant—Lien. — Held, lien good for arrears and current quarter in process of becoming due.
    Appeal from San Saba county. Opinion by Delaney, J.
    Statement.— This was an action for distress for rent brought by appellant to recover the sum of §247. The writ was issued by a justice of the peace and made returnable to the district court. In that court appellant excepted to the petition because it showed on its face that the writ could not legally issue for a larger sum than §147, which was below the jurisdiction of the court. The exception was sustained, and this ruling of the court presents the only error assigned. Appellant had leased a house to appellee for a term of two years, commencing May 14, 1883, the rent being payable quarterly. The rent for the first year was paid, and in part for the second year. But for the quarter ending November 14, 1884, the sum of §47 was unpaid. Two days after the end of that quarter appellant issued his writ. He claimed a lien for §47 on the quarter which had just closed, §100 for the current quarter ending February 14, 1885, and §100 for a quarter which had not commenced, but which he supposed would commence February 15, 1885, and end May 14, 3885.
   Opinion.— Held, appellant had a lien for the rent in arrears and for current quarter which was in process of becoming due, but not for future periods which had'not commenced. At farthest appellant’s lien would not authorize the issuance of a writ for more than §147, and was below the jurisdiction of the district court. Green v. Bear Bros. & Hirsch, 68 Tex., 628; B. & B. Association v. Cochran, 60 Tex., 620.

There is no error in the judgment, and it is affirmed.

Aeetbmed.  