Legal Opinion
Perimeter Billjohn, Inc. v. Perimeter Mall, Inc.
Court of Appeals of Georgia
Decided February 22, 1977No. 53282PublishedCited by 2 opinions
1Opinion of the Court
Quillian, Presiding Judge.
Appeal was taken from the trial judge’s grant of a writ of possession to the lessor (appellee). Held:
*3441. The principal issue presented is whether it was error to overrule the lessee’s (appellant) motion to abate the dispossessory proceeding because of the pendency of a suit for rent brought by the lessor against the lessee in the Fulton Civil Court. The present proceedings were brought in DeKalb State Court "the county where the land lies.” See Code Ann. § 61-302 (a) (Code § 61-302 as amended, Ga. L. 1971, p. 536).
The lessee argues the dispossessory proceedings could…
2Cases cited5 opinions
- Harbin Lumber Co. v. FowlerCourt of Appeals of Georgia · 1975
- Candler I-20 Properties v. Inn Keepers Supply Co.Court of Appeals of Georgia · 1975
- Elam v. HamiltonSupreme Court of Georgia · 1882
- Chisholm v. Lewis & Co.Supreme Court of Georgia · 1881
- Ayers v. ClaridySupreme Court of Georgia · 1919
3Cited by2 opinions
- Hardee v. Allied Steel Buildings, Inc.Court of Appeals of Georgia · 1987
- Hose v. JASON PROPERTY MGMNT. CO. &C.Court of Appeals of Georgia · 1986