Stewart v. Hill
Supreme Court of Georgia
Action for penalty. Before Judge Meadow. Taliaferro superior court. C. A. Hill and W. H. Burwell, as landlords of B. F. Rogers, brought suit against D. S. Stewart, alleging, that the latter rented lands for the year 1907 to said Rogers with knowledge of a similar subsisting contract between plaintiffs and Rogers for that year; that while the contract made by Stewart with their tenant was, on its face, taken in the name of Rogers’ wife, this was a mere subterfuge to evade the…
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Action for penalty. Before Judge Meadow. Taliaferro superior court. C. A. Hill and W. H. Burwell, as landlords of B. F. Rogers, brought suit against D. S. Stewart, alleging, that the latter rented lands for the year 1907 to said Rogers with knowledge of a similar subsisting contract between plaintiffs and Rogers for that year; that while the contract made by Stewart with their tenant was, on its face, taken in the name of Rogers’ wife, this was a mere subterfuge to evade the provisions of the statute in such cases provided; that the real intent and purpose of renting said lands to Mrs. Rogers…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) The act approved December 17., 1901 (Acts of 1901, p. 63), as amended by the act approved August 7, 1903 (Acts of 1903, p. 91), relating *598to the employment of tenants and croppers, and making it unlawful for any person to employ or contract with, as tenant or cropper, any person under contract with another, is penal in its nature and is to be strictly construed, where suit is brought against one alleged to have violated the provisions of the first section of the act. That section provides: “That when the relation of employer and employee, or of landlord and…
2Cited by2 opinions
- Fortune v. BraswellSupreme Court of Georgia · 1913
- Louther v. TiftCourt of Appeals of Georgia · 1917