Legal Opinion
North v. Tolbert
Court of Appeals of Georgia
Decided October 11, 1949No. 32697PublishedCited by 4 opinions
1Opinion of the CourtGardner, J.
1. The affidavit to obtain the dispossessory warrant described the premises as “a house and premises situated in Land Lots 66, 67 and 62 of Second District of Coweta County in said State and County, the property of George Tolbert.” This description is too vague and indefinite and is not sufficient to enable the sheriff to identify the same. In Orme v. King, 60 Ga. 523, the Supreme Court said: “An affidavit to eject an intruder is the foundation of a legal proceeding, and, for that reason, cannot be amended, its amendment not being expressly provided for by law. . . When the pleadings are so…
2Cases cited13 opinions
- Garrick v. TidwellSupreme Court of Georgia · 1921
- Kramer v. SpradlinSupreme Court of Georgia · 1919
- Smith v. Singleton, Hunt & Co.Supreme Court of Georgia · 1883
- Orme v. KingSupreme Court of Georgia · 1878
- Williams v. DurhamCourt of Appeals of Georgia · 1948
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Brinson v. IngramCourt of Appeals of Georgia · 1969
- Taylor v. Carver State BankCourt of Appeals of Georgia · 1986
- Perry v. SmithCourt of Appeals of Georgia · 1955
- Taylor v. Carver State BankCourt of Appeals of Georgia · 1986