Where a distress -warrant lias been arrested by the defendant therein making a counter-affidavit and replevying the property by giving an eventual condemnation-money bond, he is estopped from withdrawing the counter-affidavit over the objection of the plaintiff, thereby causing a dismissal of the case, and thus depriving the court of jurisdiction to render judgment on the bond, the defendant nevertheless *440retaining possession of the property so obtained. Griggs v. Willbanks, 96 Ga. 744 (22 S. E. 327).

Judgment reversed.