Coggins v. Fuller

Bell, Presiding Judge.

J. W. Fuller et al., as the Board of Deacons and Trustees of the Pentecostal Fire Baptized Holiness Church of LaGrange, Georgia, swore out an affidavit to eject five named intruders from certain described land under the procedure authorized by Code § 105-1501. This affidavit to eject intruders was subscribed on June 5, 1963. On June 25, 1963, a counter-affidavit sworn by only three of those averred to be intruders was tendered to the sheriff. A motion was made by the plaintiffs to dismiss the counter-affidavit on the ground that it was not timely filed. The trial court…