Paulk v. South Georgia Building & Investment Co.
Supreme Court of Georgia
Equitable petition. Before Judge Gower. Ben Hill superior court. February 1, 1921. The South Georgia Building- and Investment Company sued out a distress warrant against J. B. and Dorothy Wilcox, for the rept of the Lee-Grant hotel building. The Wilcoxes filed their affidavit denying that the rent distrained for was due, and gave bond for the eventual condemnation-money, with G. W. McLean, H. D. Yaughn, J. C. Peavy, and Will S. Haile as sureties.
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Equitable petition. Before Judge Gower. Ben Hill superior court. February 1, 1921. The South Georgia Building- and Investment Company sued out a distress warrant against J. B. and Dorothy Wilcox, for the rept of the Lee-Grant hotel building. The Wilcoxes filed their affidavit denying that the rent distrained for was due, and gave bond for the eventual condemnation-money, with G. W. McLean, H. D. Yaughn, J. C. Peavy, and Will S. Haile as sureties. Thereafter the Georgia Building and Investment Company sued out á warrant against these tenants to dispossess them, on the ground that they were…
1Opinion of the CourtHines, J.
1. The issues formed by counter-affidavits filed, respectively, to a distress warrant and to a proceeding to dispossess tenants holding over, are separate cases,, and should not be tried together; but if parties consent that this be done, they can not except thereto. Mitchell v. White, 74 Ga. 327.
2. A verdict rendered on the trial of these consolidated issues, finding . for the plaintiff a given sum, was not so vague, indefinite, and uncertain as to render the judgments entered therein void. A verdict must be given a reasonable intendment, and is not to be avoided unless from necessity. Civil…
2Cases cited5 opinions
- Price v. CarltonSupreme Court of Georgia · 1904
- Mitchell v. WhiteSupreme Court of Georgia · 1884
- Jones v. BlackwelderSupreme Court of Georgia · 1915
- Latham v. PerrymanSupreme Court of Georgia · 1886
- Bennett v. FarkasSupreme Court of Georgia · 1906
3Cited by1 opinion
- Citizens Bank v. JohnsonCourt of Appeals of Georgia · 1989