Daniel v. Harris
Supreme Court of Georgia
Distress warrant. Landlord' and tenant. Liens. Crops. Before Judge Eort. Sumter superior court. May term, 1889. Harris sued out a distress warrant against Daniel, alleging a certain indebtedness for rent which would be due one month afterwards, and that the tenant was seeking, to remove his goods from the premises. These allegations were denied by counter-affidavit.
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Distress warrant. Landlord' and tenant. Liens. Crops. Before Judge Eort. Sumter superior court. May term, 1889. Harris sued out a distress warrant against Daniel, alleging a certain indebtedness for rent which would be due one month afterwards, and that the tenant was seeking, to remove his goods from the premises. These allegations were denied by counter-affidavit. At the trial, on appeal to the superior court, the judge charged the jury that if Daniel, at the time of the suing out of the warrant, was seeking to remove his goods from the .rented premises, the verdict ought to be in favor of…
1Opinion of the Court
Bleckley, Chief Justice.
The distress warrant was sued out before the rent became due. It was resisted by counter-affidavit denying that the tenant was seeking to remove his goods from the premises. There was evidence that he had removed and disposed of some cotton, a part of the crop produced on the premises, and evidence that he had told the landlord that he was going to carry the cotton away as fast as he could get it ready for market. This, however, was denied, the evidence upon the subject being conflicting. The sole point argued here was as to the proper construction of a portion of…
2Cases cited2 opinions
- Bates v. MesserSupreme Court of Georgia · 1886
- Payne v. HoltSupreme Court of Georgia · 1878
3Cited by8 opinions
- Little v. LaryCourt of Appeals of Georgia · 1913
- Jones v. EubanksSupreme Court of Georgia · 1891
- Madison Supply & Hardware Co. v. RichardsonCourt of Appeals of Georgia · 1910
- International Agricultural Corp. v. PowellCourt of Appeals of Georgia · 1923
- Estill v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1912
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