117 Ga. 1007 | Ga. | 1903
On December 29, 1902, M. L. Thrower, as agent for W. R. Phillips, made an affidavit as the foundation for a warrant to'dispossess Mary Johnson from certain described premises, on the ground that she as tenant of Phillips had failed to pay rent then due. The warrant was issued, commanding Mary Johnson as tenant to deliver possession of the premises to W. R. Phillips or his representative. Notice of the issuance of the warrant was duly given to Mary Johnson, who was in possession of the premises; and she filed a petition in the superior court, praying that the execution of the warrant be enjoined, claiming in her petition that she was the owner of the property in question and not the tenant of either Phillips or Thrower. The judge refused to grant the injunction, and the plaintiff excepted.
[Signed] Ned Johnson. her Mary X Johnson." mark
The execution of this contract by Mary Johnson, the plaintiff, was duly proved. The plaintiff objected to the admission of this contract, on the ground that the dispossessory warrant was a proceeding by M. L. Thrower individually against Mary Johnson alone, and the contract, being between W. R. Phillips on the one side and both Mary and Ned Johnson on the other, was irrelevant. The court properly overruled this objection. While it appeared that the affidavit which was the foundation of the warrant was made by Thrower as agent for Phillips, the warrant was issued in the name of Phillips, and, by the express terms of the statute, a warrant against a tenant holding over beyond his term or failing to pay
Judgment affirmed.