Supreme Court of Georgia, 1895

Jones v. Howard

Jones v. Howard
Supreme Court of Georgia · Decided April 1, 1895 · Simmons
96 Ga. 752; 22 S.E. 291
Jones v. Howard

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Simmons, C. J.

The registry act of October 1st, 1889, does'not contemplate or require that a distress warrant for rent shall be entered upon the general execution docket provided for by section 2 of that act. As the judge below who tried the case without a jury entertained a contrary view, and therefore necessarily rendered a judgment in favor of the prevailing party, irrespective of the disputed question of fact involved, there should be a new trial.

Judgment reversed.

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