Legal Opinion

Kimball Co. v. Rogers

Court of Appeals of Georgia

Decided October 22, 1918No. 9648Published

Distraint; from city court of Statesboro—Judge Proctor. February 28, 1918.

1Opinion of the CourtBroyles, P. J.

1. A landlord may distrain for rent as soon as it is due, or before it is due if the tenant is seeking to remove his goods from the premises. Civil Code (1910), § 3700. Under this code section and the facts of the instant ease, the verdict was not contrary to law be- . cause it included some rent not due until after the issuance of the distress warrant.

2. Three times has the plaintiff in the lower court obtained 'a verdict in his favor, and twice has this court granted the defendant a new trial. 17 Ga. App. 562 (87 S. E. 848); 20 Ga. App. 350 (93 S. E. 32). The defects in the plaintiff’s…

2Cases cited2 opinions

  1. Kimball Co. v. RogersCourt of Appeals of Georgia · 1916
  2. Kimball Co. v. RogersCourt of Appeals of Georgia · 1917

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