Legal Opinion
Little v. Lary
Court of Appeals of Georgia
Decided June 10, 1913No. 4715, 4716PublishedCited by 5 opinions
Distraint; from city court of Houston county—Judge Biley. January 4, 1913.
1Opinion of the CourtHill, C. J.
1. The landlord is authorized to issue a distress warrant for rent before the rent is due, if the tenant is seeking to remove his crop from the rented premises without paying the rent. Civil Code (1910), § 3700; Smith v. Green, 128 Ga. 90 (57 S. E. 98).
2. The rental contract being in writing and being clear and unambiguous, parol evidence was not admissible to add to or vary its terms. Civil Code (1910), § 4268.
3. “A tenant seeking to remove from the premises any portion of the crops before the rent is due, without his landlord’s consent and without paying his landlord, is subject to…
2Cases cited4 opinions
- Johnston v. PattersonSupreme Court of Georgia · 1891
- McMahan v. TysonSupreme Court of Georgia · 1857
- Smith v. GreenSupreme Court of Georgia · 1907
- Daniel v. HarrisSupreme Court of Georgia · 1890
3Cited by5 opinions
- International Agricultural Corp. v. PowellCourt of Appeals of Georgia · 1923
- Wheeler v. MoteCourt of Appeals of Georgia · 1927
- Dyer v. CannonCourt of Appeals of Georgia · 1921
- Peterman v. DunawayCourt of Appeals of Georgia · 1924
- Sewell v. Armour Fertilizer Works Inc.Court of Appeals of Georgia · 1929