Paige v. Dodson
Supreme Court of Georgia
Proceedings against intruder. Counter-affidavit. Before Judge Wright. Campbell Superior Court. October Adjourned Term, 1871. C. M. Dodson sued out a warrant against Susan Paige, as an intruder, for the possession of a certain lot of land in the county of Campbell. The defendant filed a counter-affidavit to the effect “that she claims the bona fide legal right of possession” to said lot, “and that she is not holding possession under C. M. Dodsou, nor any person that he is.”
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Proceedings against intruder. Counter-affidavit. Before Judge Wright. Campbell Superior Court. October Adjourned Term, 1871. C. M. Dodson sued out a warrant against Susan Paige, as an intruder, for the possession of a certain lot of land in the county of Campbell. The defendant filed a counter-affidavit to the effect “that she claims the bona fide legal right of possession” to said lot, “and that she is not holding possession under C. M. Dodsou, nor any person that he is.” When said cause was called for trial, plaintiff moved to dismiss said counter-affidavit, because it failed to comply with…
1Opinion of the Court
McCay, Judge.
The Code, section 4000, requires the counter-affidavit to an intruder’s warrant to state, “ that he does in good faith claim a legal right to the possession.” The words of this affidavit are, “that she claims the bona fide legal right to the possession.” The Court dismissed the affidavit, because it did not conform to the statute. We think this was too rigid an adherance to the letter of the law. Very clearly this was a mere clerical error; a mere misplacement of the word “the.” Had the affidavit said “she claims, bona fide, the legal right,” “or she claims, the legal right, bona…
2Cited by3 opinions
- Pratt v. FountainSupreme Court of Georgia · 1884
- Mothershead v. DeGiveSupreme Court of Georgia · 1888
- Green v. White Oak ClubSupreme Court of Georgia · 1914