The morning news. [volume] (Savannah, Ga.) 1887-1900, 1888-04-15
MOVING OUT THE FURNITURE.
and effective one

st is generally supposed that landlord
and tenant proceedings are in favor of the
former, whereas in fact and truth, in the
hands of lawyer who thoroughly under
stands the statute there are so many points
that can be taken that the tenant has really
better opportunity to defend these pro-
ceedings, generally, than the landlord has
in prosecuting them. That is, the law is not
entirely one-sided in the landlords favor, as
the victims popularity imagine it to be.
To give an illustration of how technical
these proceedings are: You remember
Helmbold, the Buchu man, of course.
Well, he hired magnificent store at the
corner Ch Broadway AND Seventeenth
street, from the Drew estate. He fitted it
up gorgeously, but when he had done so his
money had run out and he had nothing to
put into it but soda water fountain, a
meagre lot of old drugs and soaps and a
huge beer saloon orchestrion that be
stuck in, heaven only knows why. The rent
came due and he had no money to pay it.
Yet he wanted TO stay there, to which the
agent of the estate naturally objected, so
Helmbold came to ne. He was kept in
there nearly four months without paying
any rent, although proceedings against him
were constantly brought As fast as they
were brought they were disposed OF on
technicalities. One, for instance, was that
place whereas Union place is on the other
side Of the square, and the side where the
store was is Union square, ! think he
could have been kept in there four months
longer, but one day he took too much of
something stronger than his soda water,
went down to the agent, cried, and volun-
tarily gave up the premises
The tenant has the advantage, in the
first place, IN that the rent must he correct
ly demanded from him. The difference of
a cent in STIMULATING the amount vitiates the
demand, and it must be clearly stated as
due for rent of correctly defined premises
during properly specified time.
Then the tenant may object If the pro-
ceediugs are not properly verified, { g., that
the affidavit does not conform to the rules
laid down by the Supreme Court.
"In each particular case new question is
liable to come up. There is hardly petition
drawn in which some flaws may not sbe
found of sufficient Importance, however
small, to vitiate the proceedings Here is
one sort of case by way of Illustration
Suppose proceedings commenced against a
tenant who keeps lodging house and rents
out rooms 10 sub-tenants. Each and every
one of those under-tenants must be individ-
ually and correctly mentioned by name in
the landlords petition.
eff the landlord interferes with the pos
session of a tenant, even only technically
he will have grave trouble in dispossessing
him. AS, for example, if he leases to the
tenant a furnished house and subsequently
removes a single article Of furniture that
was in the house when it was rented, there
is question whether that does not work
an eviction by depriving the tenant OF the
full and beneficial use of the premises be
has hired which would therefore suspend
the accruiug of rent
again, the tenant may get the better Of
the landlord in dispossess proceedings where
any money has been deposited as security
with the landlord. The landlord may hold
that it is applicable only as payment of the
last months rent under the term OF lease
or that il is to secure him against damage
to the pr perty, but the question is whether
that sum IN his hands has not TO DO exhaust
ed in meeting rent actually due before
be can take any proceedings tor dis
possession"
What is the probable course of we'll
fought resistance to dispossess proceed
ings."