Jordan v. Farmers & Merchants Bank of South Carolina

In Jordan v. Farmers & Merchants Bank of South Carolina, 138 Ga. App. 43 (225 SE2d 498) (1976), the trial court considered the application of the predecessor to OCGA 44-14-234 (1), which required the defendant to pay into the court registry certain undisputed amounts, including "all past due amounts admitted due for which there are no allegations of defenses or claims, which, if proven, would offset said amounts alleged past due." Id. at 44 (1). In Jordan, the defendant filed an answer disputing the relief sought by the plaintiff, and we therefore held that the defendant was not required to deposit any money into the registry pending a trial on the merits. Id. Accordingly, because the defendant was in compliance with all provisions of OCGA 44-14-234, we reversed the trial court's grant of an interlocutory writ of possession. Id.