123 Ga. 97
Decided May 15, 1905
Supreme Court of Georgia · decided 1905-05-15
<p>Distress warrant. Before Judge Henry. Floyd superior court. September 9, 1904.</p>
Relies on Cohen v. Broughton · Lathrop v. Standard Oil Co.
Good law ✅— No negative treatment on recordhow we know
Decided 1905-05-15
Cited by 3 later decisions — most recently May 1941
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Distress for rent will lie only where the relation of landlord and tenant exists between the parties. Cohen v. Broughton, 54 Ga. 296; Lathrop v. Standard Oil Co., 83 Ga. 307. Where ,the entry is under one holding adversely to another, the latter is not the landlord of the tenant. See Civil Code, § 3116.
¶2Judgment affirmed.