Smith v. Hudgens

Court of Appeals of Georgia

Smith v. Hudgens

231 S.E.2d 530, 140 Ga. App. 562, 1976 Ga. App. LEXIS 1561

CourtCourt of Appeals of Georgia

DecidedNovember 24, 1976

Docket52834

StatusPublished

Cited by1 cases

This text of 231 S.E.2d 530 (Smith v. Hudgens) 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

Smith v. Hudgens, 231 S.E.2d 530, 140 Ga. App. 562, 1976 Ga. App. LEXIS 1561 (Ga. Ct. App. 1976).

Pincite

Opinion

Smith, Judge.

1. Where a lease requires rent to be paid on the first day of each month, with a provision that "default” under the lease for nonpayment would not occur until failure to pay the same within 15 days after written notice thereof, there was no error in requiring the lessee, in a dispossessory proceeding by the lessor, to pay the rent due into the registry of the court on the first day of each month as required by the lease, and upon failure to do so, to issue a writ of possession to the lessor. Code §§ 61-303, 61-304.

2. Nor was there error in ordering paid to the landlord the amount of rent already paid into the registry [563]*563of the court and admitted by the tenant to be due, which included the rent for the month, the failure to pay which caused the bringing of the dispossessory proceeding; nor was there error under such circumstances in issuing a writ of possession and dismissing the answer of the lessee denying any rent was due. The fact that lessee’s agent had been given a check with which to pay the succeeding month’s rent into the registry of the court and failed to do so until after the issuance of the writ of possession on the 2nd day of the month is no ground compelling the setting aside or vacating of the writ of possession.

Submitted November 2, 1976 Decided November 24, 1976. Charles R. Ashman, for appellant. Hunter, Houlihan, MacLean, Exley, Dunn & Connerat, W. Brooks Stillwell, for appellee.

Judgment affirmed.

Deen, P. J., and Webb, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

1. Where a lease requires rent to be paid on the first day of each month, with a provision that "default” under the lease for nonpayment would not occur until failure to pay the same within 15 days after written notice thereof, there was no error in requiring the lessee, in a dispossessory proceeding by the lessor, to pay the rent due into the registry of the court on the first day of each month as required by the lease, and upon failure to do so, to issue a writ of possession to the lessor. Code §§ 61-303, 61-304.

2. Nor was there error in ordering paid to the landlord the amount of rent already paid into the registry [563]*563of the court and admitted by the tenant to be due, which included the rent for the month, the failure to pay which caused the bringing of the dispossessory proceeding; nor was there error under such circumstances in issuing a writ of possession and dismissing the answer of the lessee denying any rent was due. The fact that lessee’s agent had been given a check with which to pay the succeeding month’s rent into the registry of the court and failed to do so until after the issuance of the writ of possession on the 2nd day of the month is no ground compelling the setting aside or vacating of the writ of possession.

Submitted November 2, 1976 Decided November 24, 1976. Charles R. Ashman, for appellant. Hunter, Houlihan, MacLean, Exley, Dunn & Connerat, W. Brooks Stillwell, for appellee.

Judgment affirmed.

Deen, P. J., and Webb, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

231 S.E.2d 530, 140 Ga. App. 562, 1976 Ga. App. LEXIS 1561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-hudgens-gactapp-1976.

Opinion

Related

Cite This Page — Counsel Stack