"Owner."

- Reference in former Code 1933, § 72-309 (see now O.C.G.A. § 41-3-7), to ownership of personalty by others than the "occupants," and the word "owner," as it appeared in former Code 1933, § 72-311 (see now O.C.G.A. § 41-3-9), providing for bond, did not contemplate a situation in which the owner is himself the party who maintained the nuisance. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

This section does not apply to an owner who personally used the property for the purposes condemned by the statute, and against whom as the actual offender the abatement judgment was rendered. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

Partial compliance with judgment.

- When in a final decree it was ordered that given buildings be closed pending further order of the court, that the personal property therein be removed and sold, and that judgment be rendered against the defendant and in favor of the state for $300.00, with special lien on the premises as provided by law, the defendant, in paying the $300.00 and the cost of the proceeding, would comply with the judgment only in part, and would not thereby acquire any right to a release of the realty or personalty from the order of abatement. Carpenter v. State, 195 Ga. 434, 24 S.E.2d 404 (1943).

C.J.S.

- 43A C.J.S., Injunctions, § 371.