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Sanks v. Georgia, 401 U.S. 144 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sanks v. Georgia, 401 U.S. 144 (1971)
Sanks v. Georgia No. 28 Argued December 8, 1969 Reargued November 17-18, 1970 Decided February 23, 1971 401 U.S. 144
APPEAL FROM THE SUPREME COURT OF GEORGIA
Syllabus
As a condition precedent to making a defense against a summary eviction proceeding, Georgia law provided that the tenant post a surety bond for double the amount due at the end of the trial, the landlord becoming entitled to such double rent should the tenant lose his case. Following the Georgia Supreme Court’s upholding of that statutory scheme over due process and equal protection challenges by appellants, indigent tenants seeking to contest summary eviction, appellants left the premises their landlords initially sought to recover, and entirely new legislation was enacted containing neither the bond-posting nor double rent requirement.
Held: These ensuing developments make it inappropriate for this Court to resolve the issues originally raised by appellants, since it cannot be determined to what extent adjudication of those issues would be material to any further litigation ensuing on remand. Pp. 147-153.
225 Ga. 88, 166 S.E.2d 19, appeal dismissed and remanded.
HARLAN, J., delivered the opinion of the Court, in which BURGER, C.J., and DOUGLAS, BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BLACK, J., filed a statement concurring in the judgment, post, p. 153.
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Chicago: U.S. Supreme Court, "Syllabus," Sanks v. Georgia, 401 U.S. 144 (1971) in 401 U.S. 144 401 U.S. 145. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=QNXIGFP94M38DMV.
MLA: U.S. Supreme Court. "Syllabus." Sanks v. Georgia, 401 U.S. 144 (1971), in 401 U.S. 144, page 401 U.S. 145. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=QNXIGFP94M38DMV.
Harvard: U.S. Supreme Court, 'Syllabus' in Sanks v. Georgia, 401 U.S. 144 (1971). cited in 1971, 401 U.S. 144, pp.401 U.S. 145. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=QNXIGFP94M38DMV.
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