Eastland v. Sparks
Supreme Court of Alabama
Error to tbe Circuit Court of Pickens. Tried before tbe Hon. Turner Reavis. Tbe plaintiff commenced bis suit in tbe court below, by suing out a writ of attachment against tbe defendant, for tbe recovery of one hundred and five dollars for the use and occupation of certain lands for the year 1850. The ground laid for the attachment is, that the tenants are removing the crop from the rented premises, without having paid the rent.
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Error to tbe Circuit Court of Pickens. Tried before tbe Hon. Turner Reavis. Tbe plaintiff commenced bis suit in tbe court below, by suing out a writ of attachment against tbe defendant, for tbe recovery of one hundred and five dollars for the use and occupation of certain lands for the year 1850. The ground laid for the attachment is, that the tenants are removing the crop from the rented premises, without having paid the rent. The declaration contains but one count, which, although it is not very formal, is, substantially, indebitatus assumpsit, for the use and occupation of the lands…
1Opinion of the CourtLigon, J.
The record shows, that the defendant demurred generally to the plaintiff’s declaration in the court below, but it does not appear that any action was had on the demurrer in that court. The rule in such cases is, that the Appellate Oourt will presume that the demurrer was overruled, before the issue of fact was submitted to the jury. Kirk et al. v. Suttle, 6 Ala. 679.
Neither does it appear that a plea was filed; but when the judgment entry shows, as it does in this case, that the parties appeared, and there is a finding by the jury, this court will presume it was on a proper issue, although no…
2Cases cited5 opinions
- Snedicor v. LeachmanSupreme Court of Alabama · 1846
- Sprague v. MorganSupreme Court of Alabama · 1845
- Lucas v. HitchcockSupreme Court of Alabama · 1841
- Oswald v. GodboldSupreme Court of Alabama · 1852
- Kirk v. SuttleSupreme Court of Alabama · 1844
3Cited by5 opinions
- Cochran v. MillerSupreme Court of Alabama · 1883
- Covington County v. KinneySupreme Court of Alabama · 1871
- Cantaline v. StateSupreme Court of Alabama · 1859
- López v. American RailroadSupreme Court of Puerto Rico · 1906
- Marriott v. LewisSupreme Court of Alabama · 1854