46 Ga. 631
Decided July 15, 1872
Supreme Court of Georgia · decided 1872-07-15
Forcible entry. Force. Evidence. Before Judge Harrell. Randolph Superior Court. May Term, 1872. Alexander B. Hendry sued out against John C. Curry the process of “ forcible entry,” for lot of land number six, in the sixth district of the county of Randolph.
Cited by 1 later decisions — most recently March 1909
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-15
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¶1The plaintiff below in this case having failed to show any force on the part of Curry in taking possession of the land, and the defendant having shown that he acquired possession peaceably, the verdict should have been for the defendant, and the certiorari should have been sustained. Force, in taking possession of the land on the part of the defendant, is the very gist of the proceeding — without it, he cannot be evicted by this process.
¶2Judgment reversed.