Lovell v. Federal Land Bank of Columbia

Supreme Court of Georgia

Lovell v. Federal Land Bank of Columbia

173 S.E. 390, 178 Ga. 578, 1934 Ga. LEXIS 102

CourtSupreme Court of Georgia

DecidedFebruary 24, 1934

DocketNo. 9609

StatusPublished

Cited by1 cases

This text of 173 S.E. 390 (Lovell v. Federal Land Bank of Columbia) 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

Lovell v. Federal Land Bank of Columbia, 173 S.E. 390, 178 Ga. 578, 1934 Ga. LEXIS 102 (Ga. 1934).

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Opinions

Atkinson, J.

Proceedings were instituted under tlie Civil Code, § 5385, to evict an alleged tenant for non-payment of rent. The defendant did not make a counter-affidavit under § 5387, but brought suit to enjoin execution of the warrant for removal, and interference with her possession, on the grounds that the property was her individual estate, and that there was no relation of landlord and tenant between the parties. Inability to give the statutory bond required by § 5387 was alleged. The answer put the plaintiff on proof of this allegation. At interlocutory hearing there was evidence tending to establish all other allegations [579]*579of the petition, but no evidence as to inability of the plaintiff to give a statutory bond; Held, that the plaintiff had an adequate remedy at law by counter-affidavit under the Civil Code, § 5387. The judge did not err in refusing an injunction. Compare Napier v. Varner, 149 Ga. 586 (2) (101 S. E. 580), and eit., in which the above principle was applied in cases where there was evidence of inability to give bond.

No. 9609. February 24, 1934. Borough, Hope & Fox, for plaintiff. W. V. Lance, for defendant.

Judgment affirmed.

All the Justices concur, except

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Atkinson, J.

Proceedings were instituted under tlie Civil Code, § 5385, to evict an alleged tenant for non-payment of rent. The defendant did not make a counter-affidavit under § 5387, but brought suit to enjoin execution of the warrant for removal, and interference with her possession, on the grounds that the property was her individual estate, and that there was no relation of landlord and tenant between the parties. Inability to give the statutory bond required by § 5387 was alleged. The answer put the plaintiff on proof of this allegation. At interlocutory hearing there was evidence tending to establish all other allegations [579]*579of the petition, but no evidence as to inability of the plaintiff to give a statutory bond; Held, that the plaintiff had an adequate remedy at law by counter-affidavit under the Civil Code, § 5387. The judge did not err in refusing an injunction. Compare Napier v. Varner, 149 Ga. 586 (2) (101 S. E. 580), and eit., in which the above principle was applied in cases where there was evidence of inability to give bond.

No. 9609. February 24, 1934. Borough, Hope & Fox, for plaintiff. W. V. Lance, for defendant.

Judgment affirmed.

All the Justices concur, except

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Bluebook (online)

173 S.E. 390, 178 Ga. 578, 1934 Ga. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovell-v-federal-land-bank-of-columbia-ga-1934.

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