Spear & Thomasson v. Lomax
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. This was an action of unlawful detainer, brought by the appellee against Spear & Thomasson, partners; and was commenced in a justice’s court on 9th October, 1865. The justice gave judgment for the plaintiff, and the defendants appealed to the circuit court, having given an appeal bond.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. This was an action of unlawful detainer, brought by the appellee against Spear & Thomasson, partners; and was commenced in a justice’s court on 9th October, 1865. The justice gave judgment for the plaintiff, and the defendants appealed to the circuit court, having given an appeal bond. A portion of this bond is as follows : “ The condition of the above obligation is such, that whereas the above bound Spear & Thomasson, have this day taken an appeal from a judgment rendered against them, in a certain case of…
1Opinion of the CourtByrd, J.
In conformity to a rule of this court, we will notice those assignments of error insisted on as a ground of a reversal, in the argument of the counsel for appellants ; and we will proceed to do so in the order presented therein.
I. It is insisted that the court erred in overrulling the demurrer to the first count of the complaint, and for several reasons : 1. That there is no averment as to the location of the land. If it were necessary to aver that the land is in the county, the court would take judicial notice that the city of Montgomery is in the county of Montgomery. 2. That it does not “…
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