Legal Opinion

Grice v. Ferguson

Supreme Court of Alabama

Decided January 15, 1827PublishedCited by 3 opinions

This was a case of forcible entry and detainer, tried before a justice of the peace, in Dallas county. The jury-found the defendant Ferguson, guilty of an “unlawful detainer,” and the magistrate gave judgement of restitution.

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This was a case of forcible entry and detainer, tried before a justice of the peace, in Dallas county. The jury-found the defendant Ferguson, guilty of an “unlawful detainer,” and the magistrate gave judgement of restitution. Ferguson by certiorari, removed the case to the Circuit Court, where the judgement was reversed on the following grounds. 1. That the justice erred in refusing to quash the proceedings ; the complaint alleging the entry to be unlawful, and the detainer to be forcible and unlawful, and the summons varying from the complaint, and stating the injury to be a forcible entry…

1Opinion of the Court

JUDGE CRENSHAW

delivered the opinion of the Court.

The statute provides for a case where the entry may be lawful or peaceable, and the detainer forcible, and though the summons states the entry as well as the detai-ner, to be forcible, the variance was not material; n orto-ver. the objection was waived by defendants appearance, and plea to the complaint.

Notice for the delivery of possession, is required only where a tenant without force holds over, after the expiration of his term, and is not necessary in a case of forcible detainer. The evidence objected to was therefore immaterial.

As to the…

2Cited by3 opinions

  1. Liddon v. HodnettSupreme Court of Florida · 1886
  2. McGowan v. LynchSupreme Court of Alabama · 1907
  3. McGuire v. CookSupreme Court of Arkansas · 1853

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