
    Reese v. Walker.
    1. Ad. affidavit for distress warrant is amendable to the same extent and with the same consequences as in case of ordinary declarations, and this right of amendment includes the supplying of vital and necessary averments omitted from the original affidavit. Acts 1887, p. 59; Bryant v. Mercier, 82 Ga. 409.
    2. Such amendment after levy will not cause the levy to fall, the main object of the statute in allowing the amendment being to uphold the levy. Therefore, where a claimant of the property levied on went to trial in the justice’s court without objecting to the sufficiency of the affidavit, and upon verdict against him appealed to the superior court where the affidavit was amended before trial, a motion to dismiss the levy because of such amendment was properly overruled.
    March 26, 1892.
    Argued at the last terra.
    Distress warrant. Amendment. Practice. Before Judge Martin. Harris superior court. April term, 1891.
    Distress warrant was issued and levied, and a-claim was interposed. On trial in tbe justice’s court tbe property was found subject, and tbe claimant appealed to tbe superior court. There be moved to dismiss tbe levy because, since levy was made, tbe affidavit to obtain tbe distress warrant bad been materially amended in this : as originally made tbe affidavit stated that tbe rent for which tbe warrant was sued out was due to tbe best of deponent’s knowledge and belief, and failed to state for what year it was due; whereas tbe amendment corrected these defects by striking tbe words “to tbe best of bis knowledge and belief,” and alleging that tbe rent was due at tbe time of suing out the warrant. ■ Tbe motion to dismiss was overruled, and tbe claimant excepted. Tbe original affidavit was made on February 13, 1889; the trial in tbe justice’s court was on May 11; 1889; tbe amendment was made on October 18, 1889, and was allowed by tbe judge of tbe superior court at tbe October term, 1889; .the motion to dismiss was made at tbe trial which took place at tbe April term, 1891.
   Judgment affirmed.

II. V. Hargett and C. J. Thornton, for plaintiff in error.

No appearance contra.  