136 Ga. 453 | Ga. | 1911
1. It is essential to the maintenance of an action for the recovery of land that the premises sued for be described with such certainty as that, in the event of a recovery by the plaintiff, a writ of possession issued upon the judgment, and describing the’ premises as laid in the petition, shall so identify the premises sued for that the sheriff in the execution of the writ can deliver the possession in accordance with its mandate. Harwell v. Foster, 97 Ga. 264 (22 S. E. 994); Hollywood Cemetery Corporation v. Hudson, 133 Ga. 271 (65 S. E. 777).
(a) Although the petition was amended relatively to the description of the premises sued for, as amended it failed to furnish such a description of the premises as to bring it within the rule above announced.
2. The defendant did not introduce evidence, and accordingly a verdict should not have been directed for her. Zipperer v. Savannah, 128 Ga. 135 (57 S. E. 311); Equitable Mfg. Co. v. Davis, 130 Ga. 67 (60 S. E. 262).
(б) Accordingly, the judgment will be affirmed, with direction that when the remittitur is offered to be made the judgment of the court below, if the plaintiff in the action so desires, the verdict may, on his motion, be vacated and a judgment of nonsuit be entered.-
Judgment affirmed, with direction.