Rinconcito Latino, Inc. v. Eriksson

Bell, Chief Judge.

Plaintiffs brought this suit to recover possession of their premises and for unpaid rent. The case was tried by the court. Findings of fact and conclusions of law were made, and a judgment was entered for the plaintiffs. Defendant then moved to set aside the judgment under CPA § 60 (d) (Code Ann. § 81A-160 (d)). The motion was denied. No transcript of evidence was filed for inclusion in the record on appeal. Held:

1. An affidavit seeking a dispossessory warrant must allege at least one of its grounds positively; and it is defective if more than one ground is alleged in the…