Hilliard v. Carr
Supreme Court of Alabama
Wb.it of-error to the Circuit Court of Mobile. This was a proceeding for an unlawful detainer, commenced and tried before a justice of the peace.
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Wb.it of-error to the Circuit Court of Mobile. This was a proceeding for an unlawful detainer, commenced and tried before a justice of the peace. The complainant represents that the plaintiff in error was in possession for a certain period, (which is stated,) by the defendants as his tenants at will, of certain premises situate in the city of Mobile, and described as follows, viz: “Bounded west by W a ter street, on which it fronts one hundred feet, south by Walker’s cotton preás, (so called,) east by the channel of the river, and having thé’ sainé width front as'in the real, being the…
1Opinion of the CourtCollier, C. J.
As the parties went to trial before the justice of the peach, without objection on the part of the defendants to the complaint, this court will not now inquire whether it is defective in point of form; but if it be so much wanting in substance that no judgment can be rendered for any particular premises, it will be allowable for a revising court to consider its defects. Such is the decision in Wright v. Lyle, [4 Ala. Rep. 112,] yet the court in that case were of opinion; that if the verdict and judgment contained such a description of the premises as to identify them with reasonable…
2Cases cited2 opinions
- Wright v. LyleSupreme Court of Alabama · 1842
- Bridges & Beers v. MillerSupreme Court of Alabama · 1842
3Cited by4 opinions
- Greenwood v. BennettSupreme Court of Alabama · 1922
- House v. CampSupreme Court of Alabama · 1858
- Snoddy v. WattSupreme Court of Alabama · 1846
- Jonsen v. NabringSupreme Court of Alabama · 1874