Chattanooga Brewing Co. v. Smith
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Fannie W. Smith against the Chattanooga Brewing Company to recover for use and occupation of a storehouse and for rent. Judgment for plaintiff, and the defendant appeals, and assigns as error the rulings of the court on the pleadings and the evidence. The plaintiff also filed a cross-assignment of error as to the deniel by the court of lier right to recover attorney’s fees.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Fannie W. Smith against the Chattanooga Brewing Company to recover for use and occupation of a storehouse and for rent. Judgment for plaintiff, and the defendant appeals, and assigns as error the rulings of the court on the pleadings and the evidence. The plaintiff also filed a cross-assignment of error as to the deniel by the court of lier right to recover attorney’s fees. The allegations of the complaint sufficiently appear from the opinion, as do the grounds of demurrer thereto. The pleas to counts 3 and 8 are…
1Opinion of the CourtWalker, P. J.
The following is a summary of the allegations of count 9 of the complaint, as amended: *556On January 17, 1907, the plaintiff was the owner of the reversion in and to a described storehouse in the city of Birmingahm, which was then occupied by the Shindler Saloon Company, as tenant thereof under the plaintiff, under a lease contract for the term of five years from October 1, 1905, to September 30, 1910. The defendant obtained possession of the leased premises from plaintiff’s tenant, and, on the date first mentioned, represented to. the plaintiff that it had bought out said tenant, and requested…
2Cases cited11 opinions
- Bedford v. . TerhuneNew York Court of Appeals · 1864
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- White v. BreenSupreme Court of Alabama · 1894
- Strouse v. EltingSupreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pride v. Commercial Union InsuranceAlabama Court of Appeals · 1913
- Kirby v. DavisSupreme Court of Alabama · 1923
- Kreutner v. StateAlabama Court of Appeals · 1918
- Chattanooga Brewing Co. v. SmithAlabama Court of Appeals · 1912
- Knox v. Rivers Bros.Alabama Court of Appeals · 1920