McCulloch v. Good, Small & Co.
Supreme Court of Georgia
Landlord and tenant. Distress warrant. Illegality. Before Judge Lawson. Jones Superior Court. April Term, 1879. Good, Small & Company sued out a distress warrant ■against McCulloch for rent.
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Landlord and tenant. Distress warrant. Illegality. Before Judge Lawson. Jones Superior Court. April Term, 1879. Good, Small & Company sued out a distress warrant ■against McCulloch for rent. A levy was made and the defendant filed his counter-affidavit setting up that the relation of landlord and tenant did not exist between plaintiffs and himself, and that if they held his rent-note by transfer from his landlord, Middlebrooks, they took subject to the •equities existing between him and Middlebrooks, and as he had paid the latter in full, they could not recover. The defendant, as he alleged…
1Opinion of the Court
Bleckley, Justice.
1. There is a general system for attacking the legality of “ an execution ” which has been levied upon property; and a part of that system is, that the defendant may or may not resume possession of the property, at his option. He may either leave the property with the levying officer, or give bond with good security for its forthcoming, and keep it himself pending the proceedings upon his affidavit of illegality. Code. §§3664, 3672. In a broad sense, a distress warrant for rent may be called an execution, but the statutes do not so denominate it; on the contrary, they call…
2Cases cited2 opinions
- Sturgis & Berry v. FrostSupreme Court of Georgia · 1876
- Habersham v. Eppinger & RussellSupreme Court of Georgia · 1878
3Cited by12 opinions
- Griggs v. WillbanksSupreme Court of Georgia · 1895
- Sparrow v. WeldSupreme Court of Georgia · 1933
- Murphey v. McGoughSupreme Court of Georgia · 1898
- Kennedy v. MillerSupreme Court of Georgia · 1934
- Haines v. ChappellCourt of Appeals of Georgia · 1907
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