Smith v. Security Mortgage Investors

Webb, Judge.

Security Mortgage Investors filed its affidavit in the Civil Court of Fulton County seeking a writ against Larry Smith for possession of premises on Simon Terrace East, in Atlanta. To this Smith filed his answer and counter-affidavit, a hearing was had, and the trial court by judgment directed that a writ of possession issue against Smith pursuant to Code Ann. § 105-1504. Smith moved to set aside the judgment on the ground that the pleadings affirmatively showed no claim in fact existed against him. Smith also filed a motion for new trial on general grounds, which he amended to…