Green v. White Oak Club

Supreme Court of Georgia

Green v. White Oak Club

81 S.E. 867, 141 Ga. 646, 1914 Ga. LEXIS 92

CourtSupreme Court of Georgia

DecidedApril 27, 1914

StatusPublished

Cited by3 cases

This text of 81 S.E. 867 (Green v. White Oak Club) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. White Oak Club, 81 S.E. 867, 141 Ga. 646, 1914 Ga. LEXIS 92 (Ga. 1914).

Pincite

Opinion

Hill, J.

An affidavit to evict a tenant failing to pay rent, and to gain possession of the premises in dispute, was made as provided by the Civil Code, §§ 5385 et seq. A counter-affidavit was made by the defendant, which was subsequently dismissed by the court. No exception was taken to the order of dismissal. Later the defendant made a second counter-affidavit and bond as provided by section 5387 of the Civil Code. On motion of plaintiff this affidavit was also dismissed, and the defendant excepted. The sole question presented by the record is whether a defendant can file a second counterraffidavit to proceedings begun under the Civil Code, §§ 5385 et seq. - Eeld,- that in such a case a second counter-affidavit is not permissible. Hass v. Gardner, 36 Ga. 477; Paige v. Dodson, 46 Ga. 223, 224; Story v. Flournoy, 55 Ga, 56; Eppinger v. Habersham, 63 Ga. 665; Mothershead v. DeGive, 82 Ga. 193 (8 S. E. 62). Judgment affirmed.

All the Justices concur.

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Hill, J.

An affidavit to evict a tenant failing to pay rent, and to gain possession of the premises in dispute, was made as provided by the Civil Code, §§ 5385 et seq. A counter-affidavit was made by the defendant, which was subsequently dismissed by the court. No exception was taken to the order of dismissal. Later the defendant made a second counter-affidavit and bond as provided by section 5387 of the Civil Code. On motion of plaintiff this affidavit was also dismissed, and the defendant excepted. The sole question presented by the record is whether a defendant can file a second counterraffidavit to proceedings begun under the Civil Code, §§ 5385 et seq. - Eeld,- that in such a case a second counter-affidavit is not permissible. Hass v. Gardner, 36 Ga. 477; Paige v. Dodson, 46 Ga. 223, 224; Story v. Flournoy, 55 Ga, 56; Eppinger v. Habersham, 63 Ga. 665; Mothershead v. DeGive, 82 Ga. 193 (8 S. E. 62). Judgment affirmed.

All the Justices concur.

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Bluebook (online)

81 S.E. 867, 141 Ga. 646, 1914 Ga. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-white-oak-club-ga-1914.

Opinion

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