Carter v. Sutton
Supreme Court of Georgia
Equitable petition. Before Judge Kent. Laurens superior court. April 23, 1917.
1Opinion of the CourtAtkinson, J.
1. In all cases where a tenant holding possession of land - shall fail to pay the rent when the same shall become due, the landlord is afforded a summary remedy for his eviction. Civil Code, §§ 5385, 5386, 5389; Huff v. Markham, 70 Ga. 284; Hicks v. Beacham, 131 Ga. 89 (62 S. E. 45).
2. Non-payment of the rent is the gist of the landlord’s cause of complaint, and eviction of the tenant from the premises,is the object of the remedy. A discharge in bankruptcy of a debt existing on account of overdue rent is not payment of the rent, within the meaning of the above provisions of the code. In this…
2Cases cited4 opinions
- Hicks v. BeachamSupreme Court of Georgia · 1908
- Huff v. MarkhamSupreme Court of Georgia · 1883
- Hamilton v. McCroskeySupreme Court of Georgia · 1901
- White v. LawrenceSupreme Court of Georgia · 1909
3Cited by15 opinions
- Kesler v. Department of Public Safety of UtahSupreme Court of the United States · 1962
- In Re HepburnUnited States Bankruptcy Court, E.D. New York · 1983
- Healey Real Estate & Improvement Co. v. WilsonCourt of Appeals of Georgia · 1946
- Cunningham v. MooreCourt of Appeals of Georgia · 1939
- West Haven Housing Authority v. SimmonsConnecticut Appellate Court · 1968
10 more not listed; retrieve them via the Exa API.