Legal Opinion

Oaks v. Singer Sewing Machine Co.

Court of Appeals of Georgia

Decided January 21, 1916No. 6522PublishedCited by 6 opinions

Petition for certiorari; from Tift superior court — Judge Thomas. March 13, 1915.

1Opinion of the CourtBroyles, J.

1. In a possessory-warrant proceeding there is no question as to the title or as to the right of possession of the property in controversy; the sole question is as to the manner in which the possession was acquired by the defendant. Civil Code, §§ 5374, 5371; Mills v. Glover, 22 Ga. 319; Trotti v. Wyly, 77 Ga. 684.

2. The Singer Sewing Machine Company sued out a possessory warrant *518against Oaks, to recover a described sewing-machine. The contract was between the plaintiff company and one Carver; and though this contract is called, throughout, a “rent contract,” or a “lease,” and all the…

2Cases cited3 opinions

  1. Rhodes & Son Furniture Co. v. JenkinsCourt of Appeals of Georgia · 1907
  2. Trotti v. Wyly & GreeneSupreme Court of Georgia · 1886
  3. Mills v. GloverSupreme Court of Georgia · 1857

3Cited by6 opinions

  1. Malcom v. SudderthCourt of Appeals of Georgia · 1958
  2. Singer Sewing Mach. Co. v. CooperDistrict Court, S.D. Ohio · 1920
  3. Colonial Hill Co. v. GreenoeCourt of Appeals of Georgia · 1926
  4. Hogan v. O'DellCourt of Appeals of Georgia · 1928
  5. Railway Express Agency v. AikenDistrict Court, N.D. Georgia · 1952

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