Holland v. Brown
Supreme Court of Georgia
Distress Warrant. Affidavit of illegality, in DeKalb Superior Court. Decided by Judge Hill, October Term, 1853. George Shaw, a Justice of the Peace, issued a warrant to distrain for rent, against Sarah M. Brown, upon the following affidavit: “ Georgia—DeKalb County : In person, appeared before me, George Shaw, a Justice of the Peace in and for said county, Edmund W. Holland, who being duly sworn, saith that Sarah M. Brown of said county, is justly indebted to deponent the…
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Distress Warrant. Affidavit of illegality, in DeKalb Superior Court. Decided by Judge Hill, October Term, 1853. George Shaw, a Justice of the Peace, issued a warrant to distrain for rent, against Sarah M. Brown, upon the following affidavit: “ Georgia—DeKalb County : In person, appeared before me, George Shaw, a Justice of the Peace in and for said county, Edmund W. Holland, who being duly sworn, saith that Sarah M. Brown of said county, is justly indebted to deponent the sum of six hundred and seventy-eight dollars and forty cents, for rent, which is now due and unpaid. EDMUND W. HOLLAND.…
1Opinion of the Court
By the Court.
Penning, J.
delivering the opinion.
Was the Court right in over-ruling the motion to dismiss the affidavit of illegality? This is the first question.
[1] The proceeding of the plaintiff was founded upon the Act of 1811, “to point out the mode for the collection of rents.” To find an answer to the question, it is necessary, therefore, to look to that Act.
The first section of the Act is in these words: “Erom and after the passage of this Act, it shall and may be lawful for any person who may hereafter have rent due, where the same does not exceed thirty dollars, to make application to…
2Cited by2 opinions
- Johnston v. PattersonSupreme Court of Georgia · 1891
- Woolsey v. LawsheCourt of Appeals of Georgia · 1907