Dowling v. Doyle
Supreme Court of Georgia
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
- Miller v. CottenSupreme Court of Georgia · 1848
- Gordon v. SpellmanSupreme Court of Georgia · 1916
- Oliver v. PowellSupreme Court of Georgia · 1902
- Huff v. MarkhamSupreme Court of Georgia · 1883
- Kramer v. SpradlinSupreme Court of Georgia · 1919
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shippen v. FolsomSupreme Court of Georgia · 1945
- Williams v. Manchester Building Supply Co.Supreme Court of Georgia · 1957
- West v. DownerSupreme Court of Georgia · 1962
- Clements v. JonesSupreme Court of Georgia · 1928
- Wilson v. NicholsSupreme Court of Georgia · 1984
26 more not listed; retrieve them via the Exa API.