Ullman & Co. v. Herzberg
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Herman Herzberg, against A. Ullman & Co., a partnership, to recover the .statutory penalty of double the annual rent, for the defendant’s failure and refusal to surrender the possession of certain leased premises, after notice or demand in writing.
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Appeal from the Circuit Court of Etowah. Tried before the Hon. John B. Tally. This action was brought by Herman Herzberg, against A. Ullman & Co., a partnership, to recover the .statutory penalty of double the annual rent, for the defendant’s failure and refusal to surrender the possession of certain leased premises, after notice or demand in writing. The plaintiff had recovered a judgment, in an action of unlawful detainer, on the 23d September, 1887, for the possession of the premises; but no damages were claimed or awarded in that action, and this action was commenced on the 6th March,…
1Opinion of the CourtStone, C. J.
The main question in this case arises under section 3391 of the Code of 1886. By that section it is enacted, that “any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term, or refuses to surrender the same on the written demand of the lessor, his agent, or attorney, or legal representative, is liable for double the amount of the rent agreed to be paid under such contract.” The statute then declares that such tenant holding over is liable “for such other special…
2Cited by8 opinions
- Hurst v. DavisWyoming Supreme Court · 1963
- Vizard Invest. Co. v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1916
- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937
- Western Union Telegraph Co. v. Hansen & Rowland Corp.Court of Appeals for the Ninth Circuit · 1948
- Speer v. Lancaster-Johnson Lumber Co.Supreme Court of Alabama · 1925
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