Ritch v. Thornton
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John Henderson. This action was brought by R. S. Thornton, against J. R. Ritch and T. L. Bryant; and was commenced by attachment against the defendants’ crop, raised on lands rented to them by the plaintiff during the year 1878. The attachment was sued out on the 28th October, 1878, on the ground that the defendants had removed a portion of the crop from the rented premises, without the landlord’s permission,…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John Henderson. This action was brought by R. S. Thornton, against J. R. Ritch and T. L. Bryant; and was commenced by attachment against the defendants’ crop, raised on lands rented to them by the plaintiff during the year 1878. The attachment was sued out on the 28th October, 1878, on the ground that the defendants had removed a portion of the crop from the rented premises, without the landlord’s permission, and without paying the rent due for the year. The contract of renting, as stated in the affidavit for the attachment, and…
1Opinion of the CourtBeickell, C. J.
— The errors assigned in this cause have been examined, and are not available to reverse the judgment. It is conceded by the counsel for the appellants, that the complaint contains a substantial cause of action— that it was unnecessary to aver specially that the contract declared upon was in writing. The Code declares, that “ no judgment can be arrested, or annulled, or set aside, for any matter not previously objected to, if the complaint contains a substantial cause of actipn.” — Code of 1876, § 3158. If it be admitted, that it can be fairly collected from the record that the contract, the…
2Cases cited1 opinion
- Patterson v. WareSupreme Court of Alabama · 1846
3Cited by9 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Central of Ga. Ry. Co. v. Chicago Varnish Co.Supreme Court of Alabama · 1910
- Gilliland v. Dunn & Co.Supreme Court of Alabama · 1902
- Campbell v. CarterSupreme Court of Alabama · 1946
- American Bonding Co. v. New York & Mexican Whiting Co.Alabama Court of Appeals · 1914
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