Guthman v. Castleberry
Supreme Court of Georgia
*Landlord and tenant. Distress warrant. Recoupment. Before Judge Cowart. City Court of Atlanta. June Term, 1872. For the facts of this case, see the decision.
1Opinion of the Court
Warner, Chief Justice.
The plaintiff, as landlord, sued out a distress warrant for rent due him by the defendant, which was levied on the defendant’s property. The defendant filed an affidavit that the rent claimed 'by the plaintiff was not due. On the trial of the issue thm formed, the defendant offered to prove that the roof of the storehouse rented was in a leaky condition, and that by reason thereof the defendant’s goods had been damaged $300 00. The plaintiff objected to this evidence, and the Court sustained the objection, unless it was shown that there was a pre-existing agreement that…
2Cited by15 opinions
- Stack v. HarrisSupreme Court of Georgia · 1900
- Weaver v. RobersonSupreme Court of Georgia · 1910
- J. B. White & Co. v. MontgomerySupreme Court of Georgia · 1877
- Ocean Steamship Co. v. HamiltonSupreme Court of Georgia · 1901
- Alexander v. OwenCourt of Appeals of Georgia · 1916
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