Dunham v. Carter
Supreme Court of Alabama
J. Dunham, on a complaint for a forcible entry and unlawful detainer, recovered judgment before a justice ofthe peace of Wilcox county, against A. Carter and A. Carroll. The defendants, by certiorari, carried the cause into the County Court. In the County Court, Dunham moved to dismiss the suit, and strike the case from the docket, for want of jurisdiction in the Court.
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J. Dunham, on a complaint for a forcible entry and unlawful detainer, recovered judgment before a justice ofthe peace of Wilcox county, against A. Carter and A. Carroll. The defendants, by certiorari, carried the cause into the County Court. In the County Court, Dunham moved to dismiss the suit, and strike the case from the docket, for want of jurisdiction in the Court. This motion was overruled by the Court; he then filed a plea to the jurisdiction, insisting that the Circuit only had jurisdiction of the cause; to which plea there was a demurrer, and which demurrer the Court sustained. After…
1Opinion of the Court
By JUDGE CRENSHAW.
If the County Court had jurisdiction, it was certainly erroneous to nonsuit the plaintiff for want of a declaration, because it has been set-*497tied by at least two adjudications of this Court, that the proceedings in a case of forcible entry and detainer, when certified to an appellate Court, are to be received as a record; that error's must be assigned,.and the trial had on the record alone.a But the main inquiry is, had the County Court any jurisdiction over the subject matter of litigation? By the act of 1805, it is provided that the proceedings in forcible entry and…
2Cases cited1 opinion
- Ward v. LewisSupreme Court of Alabama · 1827
3Cited by4 opinions
- Dryden v. SwinburnWest Virginia Supreme Court · 1879
- Rood v. EslavaSupreme Court of Alabama · 1850
- Perryman v. BurgsterSupreme Court of Alabama · 1837
- Mahan v. LesterSupreme Court of Alabama · 1852