Givens v. Gray
| Decision Date | 05 May 1972 |
| Docket Number | No. 47049,No. 3,47049,3 |
| Citation | 126 Ga.App. 309,190 S.E.2d 607 |
| Parties | Russell H. GIVENS v. Saul GRAY |
| Court | Georgia Court of Appeals |
George L. Howell, Atlanta, for appellant.
Schwall & Heuett, Charles E. Leonard, Lee S. Alexander, Atlanta, for appellee.
Syllabus Opinion by the Court
This is the second appearance of this matter in this court. See Givens v. Gray, 124 Ga.App. 152, 183 S.E.2d 29. It appears that Givens rented an apartment in a newly constructed complex owned by Gray and after approximately a month's occupancy began to make complaints as to certain deficiencies in the apartment and demanded corrective action by the owner. He stopped paying rent, and thereafter the owner instituted dispossessory proceedings. The tenant filed a counterclaim tendering payment of the rent into the registry of the court, and asserting a 'failure of consideration' resulting from the claimed deficiencies. After a hearing the court entered an order finding that the plaintiff was entitled to a writ of possession and directed that it issue against the defendant, and further finding that 'the defendant has not proved damages, or any measure of damages for which relief can be granted, has prayed for affirmative equitable relief, which is beyond the jurisdiction of this court (Civil Court of Fulton County), and has failed to state a claim upon which relief can be granted, it is hereby ordered and adjudged that judgment be entered in favor of the plaintiff and third-party defendant, Saul Gray d/b/a Daron Village Apartments, with all costs taxed against the defendant in said case.' From this judgment Givens appeals. Held:
1. It appears that all issues made by the pleadings, including the dispossessory proceeding, answer and counterclaim, which were within the jurisdiction of the court in which the cause pended were tried and findings made thereon and judgment accordingly entered in the trial court. The trial was held before a judge without a jury. West v. West, 228 Ga. 397, 398, 185 S.E.2d 763. See also Gravitt v. Employees Loan & Thrift Corp., 75 Ga.App. 561, 44 S.E.2d 159. ...
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