Hodkinson v. Maloof

Evans, Judge.

This case involves a tenant holding over in a store building in Helen, Georgia. The affidavit of the plaintiff sought the dispossessory warrant and the answer of the defendant admitted possession but denied he was holding over. Therefore there were involved the issues of fact as to whether or not there was a valid written lease or merely a tenancy at will. Also there was an issue as to whether there was a failure to pay the rent promptly. Did these issues require determination by a jury?

There was no request for a jury trial, and the trial court heard the case without a jury. He…