King v. Robinson
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mrs. R. S. Robinson against J. O. King and another. Judgment for plaintiff and defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Mrs. R. S. Robinson against J. O. King and another. Judgment for plaintiff and defendant appeals. The court erred in giving the affirmative charge for the plaintiff.— Rhodes F. Go. v. Weedon & Dent, 108 Ala. 252. The affirmative charge should never be given where there is a conflict in the evidence on material facts, as in this case. — L. & N. R. R. Go. v. Lancaster, 121 Ala. 471. In his action as to the verdict, the court invaded the province of the jury. — Davidson v. State, ex rel., 63 Ala. 432; Woolf v.…
1Opinion of the Court
de GRAFFENRIED, J. —
Mrs. R. S. Robinson, the appellee, brought this suit against the appellants, J. O. and G. W. King, to recover an alleged balance due her by them for the rent of a certain storehouse in Alexander City for the year commencing on September 1, 1908, and ending on September 1, 1909. The evidence discloses that Mrs. Robinson is the mother of Elbert Robinson, Avho Avas a merchant, and was, at one time, an occupant of said store as his mother’s tenant by the year. .He paid, as rent, $15 per month at the end of each month, but he Avas a tenant not by the month but by the year.…
2Cases cited3 opinions
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Wolffe v. WolffSupreme Court of Alabama · 1881
- Cardwell v. StateAlabama Court of Appeals · 1911
3Cited by3 opinions
- Scott v. ParkerSupreme Court of Alabama · 1927
- Robert P. Stapp MacHinery Company v. RussellSupreme Court of Alabama · 1964
- Marre v. StateSupreme Court of Alabama · 1917