78 Ga. 297 | Ga. | 1886
It is not easy to ascertain the truth of the case made by this certiorari, from a very illegible bill of exceptions, and a transcript of record about as confusedly put together as a clerk could well arrange it, and deficient in dates of orders and answers to the writ of certiorari. As it is the duty of the plaintiff in error to make that error manifest to this court, if we have failed to decipher the questions made, he must be the loser.
It is rather doubtful whether a case brought to this court so confusedly as this is, and containing such evidence of delay in a spirit of litigation as to which of two men the tenant should pay rent, ought not to have the cracker -of' ten per cent, for delay tied to its tail; but as it might have been thought there was something in the point that the plaintiff distrained as an individual, though there was evidence that he was still administrator of his father, who once owned the land, it appears dimly, and that the purpose of continued delay might admit of doubt, we forbear to direct damages. It is very rare, however, that an honest man, who owes rent and is tenant to somebody, should be so particular about not only the landlord, but the character in which that landlord sued. We cannot see how he would be hurt if he paid by a judgment of court.
Judgment affirmed.