Legal Opinion
Botatoles v. Hill
Supreme Court of Georgia
Decided June 14, 1935No. 10646PublishedCited by 3 opinions
1Opinion of the Court
Bell, Justice.
1. “Equity will not enjoin the proceedings and processes of a court of law, unless there shall be some intervening equity or other proper defense of which the party, without fault on his part, can not avail himself at law.” Code of 1933, § 55-103.
2. The defendant in a distress warrant does not need the aid of a court of equity for the assertion of any of the following defenses: (1) that the rent claimed or some part thereof is not due (Code of 1933, § 61-404); (2) that the rent contract was terminated by agreement before the issuance of the distress warrant (Hawkins v. Collier,…
2Cases cited19 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Johnson v. ThrowerSupreme Court of Georgia · 1903
- Dougherty v. Taylor & Norton Co.Court of Appeals of Georgia · 1909
- Hawkins v. CollierSupreme Court of Georgia · 1897
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3Cited by3 opinions
- Neely v. SheppardSupreme Court of Georgia · 1938
- Kanes v. KoutrasSupreme Court of Georgia · 1948
- Speed Oil Co. v. Draper-Owens Co.Supreme Court of Georgia · 1937