Alexander v. Dorsey
Supreme Court of Georgia
Assumpsit, in Coweta Superior Court. Tried before Judge Hill. March Term, 1852. This was an action of assumpsit, brought by John M. Dorsey against James L. Alexander, on a note given for the rent of a storehouse. The defendant filed the plea of “eviction.” On the trial, it appeared in evidence, that Dorsey was the owner of a brick building, containing various rooms, both below and above stairs, situate on Hill street, in the City of Griffin, Spalding County.
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Assumpsit, in Coweta Superior Court. Tried before Judge Hill. March Term, 1852. This was an action of assumpsit, brought by John M. Dorsey against James L. Alexander, on a note given for the rent of a storehouse. The defendant filed the plea of “eviction.” On the trial, it appeared in evidence, that Dorsey was the owner of a brick building, containing various rooms, both below and above stairs, situate on Hill street, in the City of Griffin, Spalding County. In October, 1850, he rented one of the lower rooms to Alexander, for twelve months, in which to do business as a “druggist.” In…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion.
This was an action of assumpsit, brought on a promissory note, given for the rent of a store room, commonly called the drug store, in the Town of Griffin. The defendant sought to avoid payment, upon the ground that the plaintiff had entered upon the premises and evicted him therefrom, before the expiration of the term.
[1.] Without deciding upon all of the errors alleged to have been committed on the trial of this cause, we feel warranted by the testimony, in assuming that the note sued on, was given for the rent of a store-room, in a building…
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