Anders v. Blount
Supreme Court of Georgia
Distress Warrants. Landlord and Tenant. Practice in Superior Court. Judgments. Before Judge Hood. Decatur Superior Court. May Term, 1881. Blount made affidavit to obtain a distress warrant, stating that there was due him by Anders for rent $98.00. The latter filed a counter-affidavit denying that the sum distrained for was due, and'gave the usual security.
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Distress Warrants. Landlord and Tenant. Practice in Superior Court. Judgments. Before Judge Hood. Decatur Superior Court. May Term, 1881. Blount made affidavit to obtain a distress warrant, stating that there was due him by Anders for rent $98.00. The latter filed a counter-affidavit denying that the sum distrained for was due, and'gave the usual security. On oral demurrer, the court dismissed the counter-affidavit, and rendered judgment for the plaintiff for the amount claimed by him. Defendant excepted.
1Opinion of the Court
Jacicson, Chief Justice.
1. The landlord may distrain for rent as soon as the same is due, or before due if the tenant is seeking to remove his goods from the premises. In this case the landlord does not make affidavit that the tenant is seeking to remove his goods, but simply swears that the rent is due. To this the counter-affidavit of defendaftt is in the words of the statute that the sum distrained for is not due, and defendant gave bond and security for the eventual condemnation money. Code, §4083. .
Therefore, it was error to dismiss the counter-affidavit.
2. After dismissing the…
2Cases cited1 opinion
- Habersham v. Eppinger & RussellSupreme Court of Georgia · 1878
3Cited by9 opinions
- Hawkins v. CollierSupreme Court of Georgia · 1897
- Griggs v. WillbanksSupreme Court of Georgia · 1895
- Collins v. TaylorSupreme Court of Georgia · 1907
- Murphey v. McGoughSupreme Court of Georgia · 1898
- Kennedy v. MillerSupreme Court of Georgia · 1934
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