Rush v. Southern Property Management, Inc., Nos. 45180-45237
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | WHITMAN; BELL, C.J., and QUILLIAN |
| Citation | 173 S.E.2d 744,121 Ga.App. 360 |
| Parties | J. T. RUSH v. SOUTHERN PROPERTY MANAGEMENT, INC., et al., and 57 related cases. Donald WHEAT v. BOLTON GARDEN APARTMENTS, INC., et al. J. HUNTER v. SUTHERN PROPERTY MANAGEMENT, INC., et al |
| Decision Date | 11 March 1970 |
| Docket Number | No. 1,45263 and 45264,Nos. 45180-45237 |
Page 744
v.
SOUTHERN PROPERTY MANAGEMENT, INC., et al., and 57 related cases.
Donald WHEAT
v.
BOLTON GARDEN APARTMENTS, INC., et al.
J. HUNTER
v.
SUTHERN PROPERTY MANAGEMENT, INC., et al.
[121 Ga.App. 362]
Page 745
Robert Dokson, Michael Terry, Michael D. Padnos, Atlanta, for appellants.William H. Schroder, Sr., Allen E. Lockerman, Atlanta, for appellees.
Syllabus Opinion by the Court
[121 Ga.App. 360] WHITMAN, Judge.
These numerous appeals are taken by tenants of a large apartment complex who sought in the court below to arrest dispossessory warrant proceedings instituted against them as authorized by the Georgia eviction statute. The objections consist of a direct attack on the constitutionality of Code Ann. §§ 61-303, 61-305 and objections to certain orders of the trial court entered during the course of the litigation. Held:
1. The enumerations of error concerning the constitutionality of Code Ann. §§ 61-303 and 61-305 present nothing for review as the Supreme Court has settled these contentions adversely to appellants in State of Georgia v. Sanks, 225 Ga. 88, 166 S.E.2d 19.
2. The remaining three enumerations of error are also without merit. These all relate to the order of the trial court permitting the appellants to continue in possession of the premises and requiring the appellant tenants to pay into the registry of the court 'rent as it becomes due * * * and all rent now due.' Shortly after signing this order, the trial court vacated it and still later, pursuant to appellees' motion, the court ordered the disbursement of the rentals held in the registry to the appellees.
[121 Ga.App. 361] (a) Appellants now contend that the original order of court concerning the paying of rent into the court was erroneously entered as there is no authorization for this procedure under the law of this State. We agree that there is no authority under the statute for this procedure. However, it is readily apparent from the records in these cases that appellants affirmatively sought this relief as a means to avoid the statutory requirement of posting the doublerent bond in order to arrest the dispossessory proceedings. Also, on oral argument of these cases, counsel for appellants conceded that this order was obtained in an ex parte appearance before the trial judge, who signed it after making some changes in...
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Travelers Indem. Co. v. Cumbie, Nos. 47779
...is in position to complain of an error. Martin v. Hendon, 224 Ga. 221(3), 160 S.E.2d 893; Rush v. Southern Property Management, Inc., 121 Ga.App. 360(2a), 173 S.E.2d 4. Defendant submitted a written request to charge that the acceptance and use of the drafts sent to Cumbie by Travelers resu......
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West v. Nodvin, No. A90A1205
...cannot complain of a judgment, order, or ruling that his own procedure or conduct aided in causing." Rush v. Southern Prop. Mgmt., 121 Ga.App. 360, 361(2)(a), 173 S.E.2d 744. Appellant's second and third enumerations of error are without 4. Appellant asserts that the trial court "erred and ......
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Freeman v. State, Nos. A90A0449
...no issue as to these matters for our review. Whisnant v. State, 178 Ga.App. 742, 744, 344 S.E.2d 536; Rush v. Southern Property Mgmt., 121 Ga.App. 360, 361, 173 S.E.2d III. Case No. A90A0450. 12. Appellant asserts that the trial court erred in failing to grant his oral motion to dismiss on ......
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Mathis v. State, No. A89A0998
...One cannot complain of a judgment, order, or ruling that his own procedure or conduct has caused. Rush v. Southern Property Mgmt., 121 Ga.App. 360(2)(a), 173 S.E.2d 744. Induced error is impermissible. Edwards v. State, 235 Ga. 603(2), 221 S.E.2d 4. Appellant asserts that the trial court er......
-
Travelers Indem. Co. v. Cumbie, Nos. 47779
...is in position to complain of an error. Martin v. Hendon, 224 Ga. 221(3), 160 S.E.2d 893; Rush v. Southern Property Management, Inc., 121 Ga.App. 360(2a), 173 S.E.2d 4. Defendant submitted a written request to charge that the acceptance and use of the drafts sent to Cumbie by Travelers resu......
-
West v. Nodvin, No. A90A1205
...cannot complain of a judgment, order, or ruling that his own procedure or conduct aided in causing." Rush v. Southern Prop. Mgmt., 121 Ga.App. 360, 361(2)(a), 173 S.E.2d 744. Appellant's second and third enumerations of error are without 4. Appellant asserts that the trial court "erred and ......
-
Freeman v. State, Nos. A90A0449
...no issue as to these matters for our review. Whisnant v. State, 178 Ga.App. 742, 744, 344 S.E.2d 536; Rush v. Southern Property Mgmt., 121 Ga.App. 360, 361, 173 S.E.2d III. Case No. A90A0450. 12. Appellant asserts that the trial court erred in failing to grant his oral motion to dismiss on ......
-
Mathis v. State, No. A89A0998
...One cannot complain of a judgment, order, or ruling that his own procedure or conduct has caused. Rush v. Southern Property Mgmt., 121 Ga.App. 360(2)(a), 173 S.E.2d 744. Induced error is impermissible. Edwards v. State, 235 Ga. 603(2), 221 S.E.2d 4. Appellant asserts that the trial court er......