Young v. Cowles
Court of Appeals of Georgia
1Opinion of the Court
Deen, Judge.
1. The motion to dismiss is denied.
2. To initiate a dispossessory proceeding the plaintiff or his attorney or agent must "go before the judge of the superior court or any justice of the peace and make oath to the facts.” Code § 61-301. Thereupon "the judge of the superior court or justice of the peace before whom [the affidavit] was made” issues the summons. Code Ann. § 61-302. The proceeding is statutory and must be strictly construed and observed. Brinson v. Ingram, 120 Ga. App. 271 (1) (170 SE2d 39); Brown v. Cobb Fed. Savings &c. Assn., 116 Ga. App. 766 (158 SE2d 925). No…
Also in this document: Concurrence.
2Cases cited6 opinions
- Rigell v. SirmansSupreme Court of Georgia · 1905
- Brinson v. IngramCourt of Appeals of Georgia · 1969
- Brown v. COBB FEDERAL SAVINGS & LOAN ASSOCIATIONCourt of Appeals of Georgia · 1967
- Griswold v. RutherfordSupreme Court of Georgia · 1899
- Wilson v. Healey Real Estate & Improvement Co.Supreme Court of Georgia · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown v. Wilson Chevrolet-Olds, Inc.Court of Appeals of Georgia · 1979
- Cobb v. McCraryCourt of Appeals of Georgia · 1979
- Skelton v. Hill Aircraft & Leasing Corp.Court of Appeals of Georgia · 1985
- Jordan v. Ford Motor Credit Co.Court of Appeals of Georgia · 1977
- Howington v. W. H. Ferguson & Sons, Inc.Court of Appeals of Georgia · 1978
3 more not listed; retrieve them via the Exa API.