66 Ga. 59 | Ga. | 1880
The questions brought before this court by joint bills of exception in the above case are—
(1). Whether an affidavit can be made and a warrant, issued by a justice of the peace of one county to dispossess a tenant holding over in another and different county.
(2}. Does the incorporation in the affidavit and warrant of personal property, sought also to be recovered, vitiate the proceeding as to- the realty.
(3). Should parol testimony be heard to establish the fact that at a preceding term a demurrer had been made on the same grounds to the affidavit and warrant, overruled by the court, and that the same was therefore res adjudicata.
We see no error in the ruling by the court that a justice of the peace in Chatham county has full power and authority to administer the oath arid issue the warrant, as provided by the above named sections.