Shippen v. Folsom

1. "In a case where the undisputed evidence shows that the relation of landlord and tenant exists between the parties, the execution of a warrant to dispossess the tenant will not be enjoined by a court of equity; the remedy of the tenant, if he has any defense, being to file the counter-affidavit provided for by the statute; and this is so though the tenant, on account of poverty, may be unable to give the bond and security required as a condition precedent to the filing of such counter-affidavit." Johnson v. Thrower, 117 Ga. 1007 (2) (44 S.E. 846). See also Napier v. Varner, 149 Ga. 586 (2)…