McBride v. Distinctive Food & Entertainment Corp.

Stolz, Judge.

In this proceeding under Code Ann. Ch. 61-3 against a tenant holding over, the tenant’s failure to pay into the registry of the court, at the time he filed his counter-affidavit, rent due under the lease — rendered the answer defective, presenting no issue or case to be tried, and left the affidavit for the dispossessory warrant in effect unopposed, thereby entitling the plaintiff to an unqualified warrant. Mountain Hardwoods & Pine v. Coosa River Sawmill Co., 132 Ga. App. 224 (207 SE2d 643). The said payment being a statutory condition precedent to the tenant’s arresting the…