118 Ga. 906 | Ga. | 1903
J. W. Harrell, senior, made an affidavit that John Willis did, on February 10, 1892, rent from J. W. Harrell, junior, a described parcel of land; that the land was rented by the month; that the term of tenancy has expired, but the tenant continues to hold possession of the premises over and beyond the time for which the same were rented to him; that deponent, on December 10, 1892, purchased from J. W. Harrell, junior, the land described, and on October 9, 1902, demanded possession from Willis, who refused to deliver possession. Upon this affidavit the usual warrant to dispossess a tenant holding over was issued by the justice of the peace before whom the affidavit was made. The affidavit and warrant were exhibited to Willis, who in due time filed a counter-affidavit, in which he denied all of the averments in the affidavit except that relating to the demand for possession, and also denied that he held the' premises by lease, rent, at will, by sufferance, or otherwise, from either of the Harrells. The issue thus made came on to be tried, and resulted in a verdict finding that the plaintiff was entitled to the possession of the premises, and also that the defendant was liable to pay $264 double rent. The defendant made a motion for a new trial, which was overruled, and he excepted.
The foregoing opinion deals with all of the questions which are of such a character as to require any elaborate discussion'. The evidence authorized the finding in favor of the plaintiff, so far as his right to dispossess the defendant is concerned, and we find no er-. ror requiring the granting of a new trial on this issue. The court did err in its charge in reference to the time for which double rent could be collected; and the judgment will be affirmed on condition that the plaintiff, within ten days after the remittitur from this court is filed in the office of the clerk of the superior court, will write off from the verdict all rent prior to the date of the demand for possession, to wit, October 9, 1902; and upon failure to write off such amount within the time indicated, the judgment overruling the motion for a new trial will be reversed. The costs of this writ of error shall be taxed against the defendant in error in either event.
Judgment affirmed on condition.