Ralston v. Boady
Supreme Court of Georgia
Debt for rent. Bibb Co. Tried before Judge Worrill, March Term, 1856. James A. Ralston brought his action of debt against Elizabeth Boady to recover rent for certain premises in the writ specified.
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Debt for rent. Bibb Co. Tried before Judge Worrill, March Term, 1856. James A. Ralston brought his action of debt against Elizabeth Boady to recover rent for certain premises in the writ specified. The defence was, that said premises were rented from the plaintiff by the defendant for the purposes of prostitution; L e. for illicit intercourse between the sexes, and that the same, was done with knowledge of the plaintiff, at the time of the; contract of rent, .contrary to public policy. Testimony was offered by the defendant in support of this-plea; at the close of which, the Court charged the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] It is penal by the laws of this State to keep a brothel. And if the landlord, knowing that his house is to be used for prostitution, lets it for that purpose, he becomes particeps criminis, and the Courts will not assist him in recovering his ■ rents. The contract being contra bonos mores, will not support an action. (Girardy vs. Richardson, 1 Esp. Rep. 13; Jennings vs. Throgmorton, 21 E. C. L. Rep. 430; Commonwealth vs. Harrington, 3 Pick. Rep. 26.)
Had the Court charged the Jury, that if they believed from, the evidence that the plaintiff…
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