Shields v. Mayor of Savannah

Supreme Court of Georgia

Shields v. Mayor of Savannah

20 Ga. 57

CourtSupreme Court of Georgia

DecidedJune 15, 1856

DocketNo. 11

StatusPublished

Cited by1 cases

This text of 20 Ga. 57 (Shields v. Mayor of Savannah) 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

Shields v. Mayor of Savannah, 20 Ga. 57 (Ga. 1856).

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Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Is the landlord of a lot which has been leased for an ■“unexpired term, bound to perform the duty required by this ordinance and liable for the penalty which it imposes ?

"We think not. He has no right to enter upon the premises for the purpose of opening and ventilating the buildings. To do so would be to subject him to an action of trespass, at the instance of the lessee. A lot thus situated is not “ untenanted” in the language' of the ordinance. The duty of ventilation devolves upon the tenant; he is the temporary owner.

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By the Court.

Lumpkin, J.

delivering the opinion.

[1.] Is the landlord of a lot which has been leased for an ■“unexpired term, bound to perform the duty required by this ordinance and liable for the penalty which it imposes ?

"We think not. He has no right to enter upon the premises for the purpose of opening and ventilating the buildings. To do so would be to subject him to an action of trespass, at the instance of the lessee. A lot thus situated is not “ untenanted” in the language' of the ordinance. The duty of ventilation devolves upon the tenant; he is the temporary owner.

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Bluebook (online)

20 Ga. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-mayor-of-savannah-ga-1856.

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