Daniel v. Daniel

Court of Appeals of Georgia

Daniel v. Daniel

95 S.E. 323, 22 Ga. App. 95, 1918 Ga. App. LEXIS 166

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1918

Docket9272

StatusPublished

This text of 95 S.E. 323 (Daniel v. Daniel) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daniel v. Daniel, 95 S.E. 323, 22 Ga. App. 95, 1918 Ga. App. LEXIS 166 (Ga. Ct. App. 1918).

Pincite

Opinion

Luke, J.

W. R. Daniel sued out a distress warrant against J. A. Daniel. The evidence disclosed that they wore joint owners and tenants in common of the property alleged to have been rented. The evidence did not show that the relation of landlord and tenant existed, and the trial court granted a nonsuit. Held,: Whatever may have been the remedy of W. R. Daniel under the Civil Code (1910), § 3724, a distress warrant was not the proper remedy; and it was not error for the court to grant a nonsuit and dismiss the distress warrant.

Jtidgmeni affirmed.

Wade, G. J., and Jenhins, J., concur.

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Luke, J.

W. R. Daniel sued out a distress warrant against J. A. Daniel. The evidence disclosed that they wore joint owners and tenants in common of the property alleged to have been rented. The evidence did not show that the relation of landlord and tenant existed, and the trial court granted a nonsuit. Held,: Whatever may have been the remedy of W. R. Daniel under the Civil Code (1910), § 3724, a distress warrant was not the proper remedy; and it was not error for the court to grant a nonsuit and dismiss the distress warrant.

Jtidgmeni affirmed.

Wade, G. J., and Jenhins, J., concur.

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Bluebook (online)

95 S.E. 323, 22 Ga. App. 95, 1918 Ga. App. LEXIS 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniel-v-daniel-gactapp-1918.