Latham v. Perryman
Supreme Court of Georgia
Landlord and Tenant. Bonds. Practice in Superior Court. Before Judge Branham. Haralson Superior Court. January Term, 1886. On November 16, 1883, C. A. Perryman, on behalf of himself and J. Williams, made affidavit to obtain a warrant to dispossess I. S. Williams as a tenant holding over beyond his term.
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Landlord and Tenant. Bonds. Practice in Superior Court. Before Judge Branham. Haralson Superior Court. January Term, 1886. On November 16, 1883, C. A. Perryman, on behalf of himself and J. Williams, made affidavit to obtain a warrant to dispossess I. S. Williams as a tenant holding over beyond his term. The warrant was issued, and I. S. Williams made a counter-affidavit, denying that he was the tenant of Perryman and J. Williams, or that his term had expired, or that he was a tenant holding over beyond his term. He gave a bond with R. D. Latham as security. On the trial, the jury found for…
1Opinion of the Court
Blandford, Justice.
The question in this case is, can a j udgment be entered on the bond against the principal and his sureties, which bond is given by a tenant under warrant issued to turn such tenant out of possession of land as a tenant holding over, where issue has been found against the tenant, and a certain sum found for rent, as in cases of appeals ?
The question must be answered in the affirmative, for by the acts of 1866 (1865-6, page 35), it is provided “that when the jury shall find against the tenant, and assess the amount of double rent, the plaintiff may enter up judgment at once…
2Cases cited1 opinion
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