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Lawskills.com Georgia Caselaw
QUEEN v. HARRELL.
47104.
EBERHARDT, Presiding Judge.
Dispossessory warrant. Fulton Civil Court. Before Judge Camp.
1. Since the proceeding sought only to gain possession of the premises it would appear that any error, if there be such, in dismissing the dispossessory proceeding was harmless. In any event, there is no enumeration of error as to that.
2. But dismissal of the tenant's counterclaim was error. It is the purpose of the Act of 1971 (Ga. L. 1971, p. 536) amending Code 61-302 and 61-303 to afford the parties a speedy trial on the merits insofar as this can be done.
While the grounds of the counterclaim appear to be largely without basis in law, the tenant is entitled to have his cause heard and if, within the ambit of Aikin v. Perry, 119 Ga. 263 (2, 3) (46 SE 93); Henley v. Brockman, 124 Ga. 1059 (53 SE 672); Smith v. Green, 128 Ga. 90 (57 SE 98); Ellis v. Millen Hotel Co., 192 Ga. 66 (14 SE2d 565); Cohen v. Brunson, 14 Ga. App. 170 (80 SE 679); Adair v. Allen, 18 Ga. App. 636 (89 SE 1099); Carroll v. Carman, 24 Ga. App. 508 (101 SE 201), and other appropriate authorities, it appears that he has any right of recovery, setoff or of recoupment, judgment should be properly molded to afford them.
Melton Harrell, pro se.
Lee Payne, for appellant.
ARGUED APRIL 6, 1972 -- DECIDED APRIL 20, 1972.
Friday May 22 15:07 EDT


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