Harrell v. Souter

Court of Appeals of Georgia

Harrell v. Souter

109 S.E. 301, 27 Ga. App. 531, 1921 Ga. App. LEXIS 245

CourtCourt of Appeals of Georgia

DecidedNovember 1, 1921

Docket12155

StatusPublished

Cited by3 cases

This text of 109 S.E. 301 (Harrell v. Souter) 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

Harrell v. Souter, 109 S.E. 301, 27 Ga. App. 531, 1921 Ga. App. LEXIS 245 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

1. The term of a tenant at will does not expire at the instance of the landlord until after the expiration of two. months after notice from his landlord to terminate the tenancy. Civil Code (1910), § 3709.

2. Where the landlord seeks by summary process to dispossess his tenant upon the ground that the latter is a tenant at will holding over after the expiration of his term, and where the tenant, in his counter-affidavit arresting the proceeding, alleges that his term has not expired, there is presented an issue as to whether the requisite two-months notice to vacate has been given to the tenant by the landlord; and where the evidence is silent upon this issue, the plaintiff can not prevail. It follows therefore that a verdict for the defendant can not be set aside upon the ground that it was contrary to law and without evidence to support it.

Judgment affirmed.

Jenkins, P. J., and Hill, J., concur.

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Stephens, J.

1. The term of a tenant at will does not expire at the instance of the landlord until after the expiration of two. months after notice from his landlord to terminate the tenancy. Civil Code (1910), § 3709.

2. Where the landlord seeks by summary process to dispossess his tenant upon the ground that the latter is a tenant at will holding over after the expiration of his term, and where the tenant, in his counter-affidavit arresting the proceeding, alleges that his term has not expired, there is presented an issue as to whether the requisite two-months notice to vacate has been given to the tenant by the landlord; and where the evidence is silent upon this issue, the plaintiff can not prevail. It follows therefore that a verdict for the defendant can not be set aside upon the ground that it was contrary to law and without evidence to support it.

Judgment affirmed.

Jenkins, P. J., and Hill, J., concur.

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Bluebook (online)

109 S.E. 301, 27 Ga. App. 531, 1921 Ga. App. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-souter-gactapp-1921.

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