Legal Opinion

Hall v. Holmes

Supreme Court of Georgia

Decided January 15, 1871PublishedCited by 17 opinions

Landlord and Tenant. Rent. Equity. Before Judge Bigby. Troup County. Chambers. September, 1870. Hall’s bill against Holmes and wife, filed in July, 1870, made this ease: He rented from Holmes, as agent of bis wife, the LaGrange Hotel, at $720 00 per annum, payable in monthly installments of $60 00, upon condition that Holmes would repair the premises, the garden, negro quarters, and especially the roof of the hotel, then evidently in a leaky condition.

Read the full summary

Landlord and Tenant. Rent. Equity. Before Judge Bigby. Troup County. Chambers. September, 1870. Hall’s bill against Holmes and wife, filed in July, 1870, made this ease: He rented from Holmes, as agent of bis wife, the LaGrange Hotel, at $720 00 per annum, payable in monthly installments of $60 00, upon condition that Holmes would repair the premises, the garden, negro quarters, and especially the roof of the hotel, then evidently in a leaky condition. All that time Hall was in charge of a large, first-class boarding house. Relying upon said promises, he moved into said hotel, taking with him…

1Opinion of the CourtWarner, J.

There was no error in the judgment of the Court below in sustaining the demurrer to the complainant’s bill. Inasmuch as the law makes no exception as to the eviction of a tenant who is unable to give bond and security on account of his poverty, a Court of Equity cannot make one, but is as much bound, by the positive law of the land in such cases, as a Court of law would be. Equity follows the law, where the rule of law is applicable, and the analogy of the law, where no rule is directly applicable: Code, 3028. The statute law *183of the State, in relation to landlord and tenant, cannot be altered…

2Cited by17 opinions

  1. Shippen v. FolsomSupreme Court of Georgia · 1945
  2. Weaver v. RobersonSupreme Court of Georgia · 1910
  3. Dowling v. DoyleSupreme Court of Georgia · 1920
  4. Huff v. MarkhamSupreme Court of Georgia · 1883
  5. Brown v. WatsonSupreme Court of Georgia · 1902

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API