Walters v. Rogers
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Suit commenced before a justice of the peace by Walters-against Rogers, for a forcible entry and unlawful detainer. The complaint is in these words, to wit: The State of Alabama, Talladega County. Mr. John Wood — Dear Sir — This is to inform you, that on or about the 19th day of July, 1843, one J. N. Rogers forcibly took possession of my premises, and unlawfully detains the same.
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Writ of Error to the Circuit Court of Talladega. Suit commenced before a justice of the peace by Walters-against Rogers, for a forcible entry and unlawful detainer. The complaint is in these words, to wit: The State of Alabama, Talladega County. Mr. John Wood — Dear Sir — This is to inform you, that on or about the 19th day of July, 1843, one J. N. Rogers forcibly took possession of my premises, and unlawfully detains the same. Said premises may be known as some houses that were built by William McPherson, and occupied by him in the first instance, and lastly by Samuel Favors, until the…
1Opinion of the CourtGoldthwaite, J.
1. We doubt whether the refusal of an inferior court to award a certiorari to amend or perfect a record, is the subject of revision by writ of error; but, however this may be, we think it was properly refused under the circumstances of this case. The, statute makes it the duty of the justice to enter upon his minutes, or docket, the admission of evidence objected to, and the rejection of evidence offered, (Dig. 253, § 16,) and the party ought not to be prejudiced by his omission, especially when afterwards he enters it in conformity with the statute. In this case there seems no reason to…
2Cases cited2 opinions
- Wright v. LyleSupreme Court of Alabama · 1842
- Botts v. ArmstrongSupreme Court of Alabama · 1838