Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 60
Reports of Cases in Law And Equity, Argued And Determined in the ..., volume 60
Georgia. Supreme Court
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Where- npon the plaintiff made a motion for a new trial, which was overruled, and he excepted. Various grounds are set out in the motion for a new trial, but we think they may be all considered and determined under four heads. 1. The court refused to enforce the rule of court in the ordinary ejectment causes brought in the fictitious form as applicable to this case, which was brought under the statu- tory form, and did not require the defendant to admit pos- session of the premises before defen...ding the suit on the mer- its. We do not see how the ruling hurt the plaintiff, even if it was wrong. The proof was made by Fowler, who swore that he was in possession, and as tenant of defendant ; but we are not prepared to rule that the decision of the court was wrong. The rule had its origin in the fictitious form of action, where the party has always to come into a consent rule before he was permitted to defend title ; and the rule, we think, was merely intended to add an admis- sion of possession to entry and ouster.
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