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Jordan v. Usry

Court of Appeals of Georgia
Sep 7, 1945
35 S.E.2d 154 (Ga. Ct. App. 1945)

Opinion

30950.

DECIDED SEPTEMBER 7, 1945.

Dispossessory warrant; from McDuffie superior court — Judge Perryman. May 12, 1945.

Randall Evans Jr., Jack D. Evans, for plaintiff in error.

Stevens Stevens, contra.


It was not error for the court to charge the jury as follows: "In other words, gentlemen, the issue in this case is whether Miss Usry is entitled to receive simple rent or whether she is entitled to receive double rent," on the ground that the charge failed to define to the jury tenancies at will and at sufferance. Under the evidence, the contract between the landlord and tenant was for two weeks or for the remainder of the year, 1944. If the contract was for two weeks, the tenant was holding over as a tenant at sufferance and was subject to dispossession; if the contract was for the remainder of the year, 1944, he was in lawful possession of the premises and not subject to dispossession. The court did not err in charging the excerpt to, for the reason assigned that in this charge the court plainly and distinctly told the jury that, if the contract was for two weeks, the tenant would be liable for double rent, and that, if the contract was for the remainder of the year, 1944, he would not be liable for double rent. There was no evidence authorizing a finding that there was a tenancy at will. There was no assignment of error on the excerpt on the ground that, if the contract was for the remainder of the year, 1944, the tenant would not be liable for single rent under a dispossessory-warrant proceeding. The court did not err in overruling the motion for a new trial.

Judgment affirmed. Sutton, P. J., and Parker, J., concur.

DECIDED SEPTEMBER 7, 1945.


Summaries of

Jordan v. Usry

Court of Appeals of Georgia
Sep 7, 1945
35 S.E.2d 154 (Ga. Ct. App. 1945)
Case details for

Jordan v. Usry

Case Details

Full title:JORDAN v. USRY

Court:Court of Appeals of Georgia

Date published: Sep 7, 1945

Citations

35 S.E.2d 154 (Ga. Ct. App. 1945)
35 S.E.2d 154