Werner v. Footman
Supreme Court of Georgia
Proceedings against tenant. Landlord and tenant. Savannah. Non-suit. Custom. Evidence. Charge of Court. New trial. Lease. Possession. Before Judge Chisholm. City Court of Savannah. July Term, 1874. Robert H. Footman, as administrator on the estate of Thomas Clark, on June 6th, 1874, before AY.
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Proceedings against tenant. Landlord and tenant. Savannah. Non-suit. Custom. Evidence. Charge of Court. New trial. Lease. Possession. Before Judge Chisholm. City Court of Savannah. July Term, 1874. Robert H. Footman, as administrator on the estate of Thomas Clark, on June 6th, 1874, before AY. S. Chisholm^ judge of the city court of Savannah, made the following affidavit, for the purposes therein mentioned, to-wit: “GEORGIA — Chatham County: “ Robert H. Footman, administrator of the estate of Thomas • Clark, deceased, comes before the undersigned, the judge of the city court of Savannah, and…
1Opinion of the Court
Trippe, Judge.
1. This was a proceeding by the landlord to remove a tenant who was alleged to be holding beyond his term, and refusing to deliver possession. The property was in the city of Savannah, and the process was sued out under the laws having reference to that city: Code, secs. 4890, 4892. Neither those laws, or the general laws of the state upon that subject, recognize that the tenant in such a case can set up any defense in his counter-affidavit other than that his lease has not expired, or that he does not hold under the person making the application, or under any one from whom he…
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