Legal Opinion

Dawson v. Garland

Supreme Court of Georgia

Decided July 8, 1889PublishedCited by 4 opinions

Distress warrant. Practice. Jurisdiction. Landlord and-tenant. Before Judge Fort. Macon superior court. November term, 1889. Reported in tbe decision.

1Opinion of the Court

Bleckley, Chief Justice.

A general distress warrant for rent was issued by the county judge of Macon county in favor of a landlord against his tenant. The affidavit upon which it was based disclosed no jurisdictional fact—neither the residence of the defendant in the county, nor the location there of any of his property. On its face the warrant was made returnable to the county court of Macon county. After levy by the sheriff upon certain personal property, the tenant filed an affidavit denying that the rent claimed was due, or that the relation of landlord and tenant existed at the time of…

2Cases cited3 opinions

  1. Rogers v. BennettSupreme Court of Georgia · 1887
  2. Tharpe v. FosterSupreme Court of Georgia · 1874
  3. Bryant v. MercierSupreme Court of Georgia · 1889

3Cited by4 opinions

  1. American Tire Co. v. CreamerCourt of Appeals of Georgia · 1974
  2. Harris v. HoustonCourt of Appeals of Georgia · 1935
  3. Harrell v. Logue Bros.Supreme Court of Georgia · 1908
  4. Carreker v. ThorntonCourt of Appeals of Georgia · 1907

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