Legal Opinion

Orme v. King

Supreme Court of Georgia

Decided January 15, 1878PublishedCited by 6 opinions

Landlord and tenant. Intruders. Judgment. Pleadings. Before Judge Harris. Camden Superior Court. April Term, 1877. Reported in the opinion.

1Opinion of the Court

Bleckley, Judge.

1. An affidavit to eject an intruder is the foundation of a legal proceeding, and, for that reason, cannot be amended, its amendment not being expressly provided for by law. Code, §3504. When the pleadings are so defective that no legal judgment can be rendered, the judgment will be arrested or set aside. Ib., §3589. One of the chief requisites in pleading, where specific property is to be directly acted upon by the judgment, is certainty of description — such certainty as will render it possible for the officer whose duty it may be to enforce the judgment, to distinguish the…

2Cases cited2 opinions

  1. Porter v. ByrneIndiana Supreme Court · 1858
  2. Hartridge v. McDanielSupreme Court of Georgia · 1856

3Cited by6 opinions

  1. Rollins v. Personal Finance Co.Court of Appeals of Georgia · 1934
  2. Brinson v. IngramCourt of Appeals of Georgia · 1969
  3. North v. TolbertCourt of Appeals of Georgia · 1949
  4. Perry v. SmithCourt of Appeals of Georgia · 1955
  5. Vaughan v. VaughanSupreme Court of Georgia · 1900

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