McBurney v. McIntyre
Supreme Court of Georgia
Landlord and tenant. Motion for new trial. Decided by Judge Cole. Bibb Superior Court. May Term, 1868. McIntyre sued out a warrant against McBurney, as his tenant, holding a certain lot over and beyond his term. McBurney denied holding under him. The jury found against McBurney for double the proven rent. His attorney moved for a new trial, upon the ground that the verdict was contrary to the charge of the Court, and against the weight of the evidence.
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Landlord and tenant. Motion for new trial. Decided by Judge Cole. Bibb Superior Court. May Term, 1868. McIntyre sued out a warrant against McBurney, as his tenant, holding a certain lot over and beyond his term. McBurney denied holding under him. The jury found against McBurney for double the proven rent. His attorney moved for a new trial, upon the ground that the verdict was contrary to the charge of the Court, and against the weight of the evidence. What the charge was does not appear. The new trial was refused, and this is assigned as error. For so much of the evidence as is necessary to…
1Opinion of the CourtBrown, C. J.
1. Under the 2253d section of the Revised Code, the tenant has no right to impose a sub-tenant upon the landlord without his consent; and if it is attempted, we hold that the sub-tenant becomes the tenant of the landlord, if he elects to recognize him, as such, and not the tenant of the tenant who placed him upon the premises, without the consent of the landlord; and the landlord, so recognizing the sub-tenant, may proceed against him for holding over; or he may refuse to recognize the tenancy and proceed to expel the person placed upon the premises the tenant, without his consent, as an…
2Cited by12 opinions
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- Hudson v. StewartSupreme Court of Georgia · 1900
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
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