Mahoney v. McKenzie
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Ellis. January 24, 1921. Application for certiorari was denied by the Supreme Court. On November 26, 1919, Mahoney leased from McKenzie an apartment in Atlanta, for a term beginning on the completion of the-building and ending on August 31, 1921, for a specified rental payable on the first of each month in advance at the office of the agent of the landlord named in the lease.
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Certiorari; from Fulton superior court — Judge Ellis. January 24, 1921. Application for certiorari was denied by the Supreme Court. On November 26, 1919, Mahoney leased from McKenzie an apartment in Atlanta, for a term beginning on the completion of the-building and ending on August 31, 1921, for a specified rental payable on the first of each month in advance at the office of the agent of the landlord named in the lease. The building was completed about February 1, 1920, and the tenant went into possession of the premises sometime in February. The lease contained the following provision:…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. It is alleged in the motion to dismiss the writ of error that the questions involved have become moot, since the plaintiff in error has surrendered the premises in dispute, and there is attached to the motion, as proof of this statement, a letter from the tenant to the landlord, stating that he would surrender the premises upon a later date mentioned therein; but there is no other evidence as to whether the tenant has surrendered the premises or not. The pleadings in this case do not show that the premises have been vacated by the tenant, nor is there…
2Cases cited2 opinions
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Parker v. GortatowskySupreme Court of Georgia · 1907
3Cited by11 opinions
- Oastler v. WrightSupreme Court of Georgia · 1946
- Woodall v. PharrCourt of Appeals of Georgia · 1969
- Cunningham v. MooreCourt of Appeals of Georgia · 1939
- Radcliffe v. JonesCourt of Appeals of Georgia · 1932
- Smith v. GholstinCourt of Appeals of Georgia · 1932
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