McCrary v. Corbin
Court of Appeals of Georgia
Motion to enter judgment; from Taylor superior court — Judge Howard. October 2,1919. McCrary instituted a dispossessory-warrant proceeding against Corbin as his tenant holding over.. The verdict was in favor of the plaintiff for the premises in dispute, and for $310 as double rent for the time the defendant held over up to the time of trial. The judgment was affirmed by this court. Corbin v. McCrary, 22 Ga.
Read the full summary
Motion to enter judgment; from Taylor superior court — Judge Howard. October 2,1919. McCrary instituted a dispossessory-warrant proceeding against Corbin as his tenant holding over.. The verdict was in favor of the plaintiff for the premises in dispute, and for $310 as double rent for the time the defendant held over up to the time of trial. The judgment was affirmed by this court. Corbin v. McCrary, 22 Ga. App. 474 (96 S. E. 445). Upon making the judgment of this court the judgment of the superior court that court, on oral motion of the plaintiff, entered in his favor an additional judgment…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.)
It is urged by counsel for the plaintiff that since, under the ruling made in Clark v. Lee, 86 Ga. 28 (12 S. E. 184), the liability of the surety on the bond given by the defendant in such a proceeding “is limited to the judgment obtained in this ease,” a gross miscarriage of justice would result if the plaintiff be not thus allowed to set up the additional judgment for subsequently accrued rent against the insolvent defendant and his bondsmen in connection with the proceeding to make the’judgment of the court affirming the original recovery the judgment of…
2Cases cited3 opinions
- Westbrook v. MooreSupreme Court of Georgia · 1877
- Barrett v. MaynardSupreme Court of Georgia · 1920
- Clark v. LeeSupreme Court of Georgia · 1890
3Cited by2 opinions
- Gaultney v. AdamsonCourt of Appeals of Georgia · 1947
- Luke v. LukeCourt of Appeals of Georgia · 1924