Legal Opinion

Dowling v. Doyle

Supreme Court of Georgia

Decided January 17, 1920No. 1467PublishedCited by 31 opinions

Petition for injunction. Before Judge Thomas. Colquitt superior court. May 17, 1S19. J. L. Dowling was the owner of a certain tract of land in the City of Moultrie, purchased by him at a cost of $650. He contracted with E. S. Nace to construct a dwelling thereon.

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Petition for injunction. Before Judge Thomas. Colquitt superior court. May 17, 1S19. J. L. Dowling was the owner of a certain tract of land in the City of Moultrie, purchased by him at a cost of $650. He contracted with E. S. Nace to construct a dwelling thereon. He paid $500 on the contract price, and placed other improvements upon the property at a cost to him of $800. On the completion of the building he borrowed from an- insurance company the sum of $1500, securing the loan by a deed to the premises. The $1500 so borrowed was also paid to the contractor. He still owed the contractor…

1Opinion of the CourtGeorge, J.

(After stating the foregoing facts.) As a general rule, injunction will not issue to restrain a landlord who has sued out a dispossessory warrant against a tenant alleged to be holding over beyond his term, upon the ground that the tenant has a good defense to the warrant, of which he is unable to avail himself by filing a counter-affidavit, because, by reason of his poverty, he can not give the bond which the statute requires in connection with such affidavit. Hall v. Holmes, 42 Ga. 179; Huff v. Markham, 70 Ga. 284; Brown v. Watson, 115 Ga. 592 (41 S. E. 998). The general rule does not apply…

2Cases cited13 opinions

  1. Miller v. CottenSupreme Court of Georgia · 1848
  2. Gordon v. SpellmanSupreme Court of Georgia · 1916
  3. Oliver v. PowellSupreme Court of Georgia · 1902
  4. Huff v. MarkhamSupreme Court of Georgia · 1883
  5. Kramer v. SpradlinSupreme Court of Georgia · 1919

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Shippen v. FolsomSupreme Court of Georgia · 1945
  2. Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
  3. West v. DownerSupreme Court of Georgia · 1962
  4. Clements v. JonesSupreme Court of Georgia · 1928
  5. Wilson v. NicholsSupreme Court of Georgia · 1984

26 more not listed; retrieve them via the Exa API.

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