33 Ga. App. 23 | Ga. Ct. App. | 1924
1. “Where the only ground of a proceeding by a landlord to dispossess a tenant is that the tenant is holding over beyond his term, the tenant can not set up, by way of recoupment or counter-claim, damages which he alleges he has sustained by reason of the failure
2. “Since the lower court erred in overruling the demurrer interposed by the plaintiff to the defendants’ plea, all further proceedings during the trial were nugatory, and it is unnecessary to consider any further assignments of error presented by the bill of exceptions.”
3. The preceding rulings are those of the Supreme Court, handed down in this case when it reversed this court’s judgment of affirmance. See Shehane v. Eberhart, 158 Ga. 743 (124 S. E. 527). Therefore the judgment of affirmance (30 Ga. App. 265) is vacated, and this court now holds that the trial judge erred in overruling the demurrer to the defendants’ plea.
Judgment reversed.