Roberson v. Weaver
Supreme Court of Georgia
Eviction. Before Judge Graham. Laurens superior court. May 19, 1915. E. H. Boberson was the owner of a hotel which he leased to Mrs. Mattie V. Weaver by written contract, dated August 3, 1907, for the term of three years from October 1, 1907. On August 8, 1907, Mrs. Weaver, under a verbal contract, took possession of the unexpired term of a former lessee, whose term was to expire on October 1, 1907. Eor the unexpired term of the former lessee she paid in advance $150 per…
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Eviction. Before Judge Graham. Laurens superior court. May 19, 1915. E. H. Boberson was the owner of a hotel which he leased to Mrs. Mattie V. Weaver by written contract, dated August 3, 1907, for the term of three years from October 1, 1907. On August 8, 1907, Mrs. Weaver, under a verbal contract, took possession of the unexpired term of a former lessee, whose term was to expire on October 1, 1907. Eor the unexpired term of the former lessee she paid in advance $150 per month. Under the written contract the lessee agreed to pay rent at the rate of $200 per month, to be paid monthly in…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The progress of the dispossessory warrant was arrested by ' the filing of a counter-affidavit that the rent claimed was not due. A warrant to dispossess a tenant is converted by the filing of a counter-affidavit into mesne process, and the further procedure partakes of the nature of an ordinary suit, in respect to the amendment of the pleadings. Civil Code of 1910, § 5706; Mitchell v. Masury, 132 Ga. 360 (64 S. E. 275).
2. The statute provides that a defendant can not set up in *630an action any new fact, or defense, of which notice was not given by the…
2Cases cited7 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Stewart v. Lanier House Co.Supreme Court of Georgia · 1886
- Central of Georgia Railway Co. v. MorganSupreme Court of Georgia · 1900
- Mitchell v. MasurySupreme Court of Georgia · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fed. Sec. L. Rep. P 97,824 Nathan Dwoskin v. Rollins, Inc.Court of Appeals for the Fifth Circuit · 1981
- Bradley v. GodwinCourt of Appeals of Georgia · 1979
- Maryland Casualty Co. v. SammonsCourt of Appeals for the Fifth Circuit · 1938
- State Farm Fire and Casualty Company v. Lloyd LeBlanc, Jr.Court of Appeals for the Eleventh Circuit · 2012
- Healey Real Estate & Improvement Co. v. WilsonCourt of Appeals of Georgia · 1946
22 more not listed; retrieve them via the Exa API.