Barr v. White
Supreme Court of Alabama
White, the defendant in error, instituted a proceeding for unlawful detainer, before ‘a Justice of the Peace in Pickens county ; which, on trial, by a jury, resulted in favor of the defendant. Several days after the rendition of the judgment, the Justice, considered and granted a new trial to the plaintiff, and thereon the latter obtained a verdict.
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White, the defendant in error, instituted a proceeding for unlawful detainer, before ‘a Justice of the Peace in Pickens county ; which, on trial, by a jury, resulted in favor of the defendant. Several days after the rendition of the judgment, the Justice, considered and granted a new trial to the plaintiff, and thereon the latter obtained a verdict. On certiorari to the Circuit Court, the decision of the inferior Court was affirmed, and the defendant brought the case to this Court, by writ of error.
1Opinion of the Court
By Mr. Justice Thornton :
This was a proceeding had under the statute of forcible entiy and detainer, by which a Justice of the Peace is constituted a special Court, to try that matter. It was brought by certiorari into the Circuit Court, where upon motion to dismiss the errors assigned, they were so dismissed, (as the record states it) and judgment entered in affirmance of the judgment of the Justice of the Peace. ■ It is not material, I apprehend, that the mode of trial in the Circuit Court, was by motion, as stated, instead of, upon a formal joinder in error. The result, which was an *343affirma…
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