ELZEY v. NASH

19437.

212 Ga. 663 (1956)

94 S.E.2d 874

ELZEY et al. v. NASH.

Supreme Court of Georgia.

Decided October 10, 1956.

Rehearing Denied October 29, 1956.


Attorney(s) appearing for the Case

Cecil Hughes, MacDougald, Feagin & Williams, for plaintiff in error.

G. Seals Aiken, Ben F. Sweet, contra.


DUCKWORTH, Chief Justice.

1. Where, as in this case, the evidence was conflicting as to whether or not the demolishing of the building while occupied by the tenant and before he was legally evicted was with his consent, the court did not err in granting the temporary injunction restraining the defendant D. J. Elzey, who had authorized the razing and demolishing of the building, from demolishing the same.

2. The lease contract attached to the petition and the...

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