Smith v. Green
Supreme Court of Georgia
Distress warrant. Before Judge Felton. Bibb superior court. April 19, 1906.
1Opinion of the CourtEvans, J.
1. An affidavit for a distress warrant, which alleges that the tenant “is removing- his crops from the premises so rented, whereby-said rent is now due and unpaid,” sufficiently complies with the Civil Code, § 3124, which authorizes the landlord to distrain as soon as the rent is due, or before due, if the tenant is seeking to remove his goods from the premises.
2.. Where the rent contract is in writing, parol evidence is inadmissible to add to or vary its terms.
3. A tenant may prove that the landlord has violated the rent contract, and reduce the rent by so much as the damages occasioned…
2Cited by10 opinions
- Ellis v. Millen Hotel Co.Supreme Court of Georgia · 1941
- Collins v. TaylorSupreme Court of Georgia · 1907
- Queen v. HarriedCourt of Appeals of Georgia · 1972
- Fuller v. CokerCourt of Appeals of Georgia · 1919
- Little v. LaryCourt of Appeals of Georgia · 1913
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