Bell v. Otts
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was a statutory action of ejectment brought by the appellee against the appellants; and sought to recover certain described property.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was a statutory action of ejectment brought by the appellee against the appellants; and sought to recover certain described property. The judgment from which the present appeal is prosecuted is in the following language: "This day came the parties by their attorneys, and the demurrer to pleas were sustained by the court, the material facts therein averred being provable under the general issue; and issue being joined, thereupon came a jury of twelve good and lawful men, to-wit: R. W. Beck and eleven others,…
1Opinion of the CourtHaralson, J.
The verdict in this case was, "We the jury find for the plaintiff for the land sued for [describing it], and $25, damages for detention against defendant Martha Bell.” On this verdict a judgment ought to have been entered against all the defendants for the land sued for, for $25 against Martha Bell, as damages for detention, and against all of them for the costs.— Code, §§ 2709-10; 67 Ala. 197. Immediately following this verdict, with a comma between, appears what purports to be a judgment in the cause, based on the verdict, namely : "And judgment is rendered against defendants, Samuel Mace…
2Cases cited4 opinions
- Speed v. CockeSupreme Court of Alabama · 1876
- Bishop v. Lalouette's HeirsSupreme Court of Alabama · 1880
- Hinson v. WallSupreme Court of Alabama · 1852
- Tombeckbee Bank v. GodboldSupreme Court of Alabama · 1830
3Cited by36 opinions
- Jewell v. Jackson & Whitsitt Cotton Co.Supreme Court of Alabama · 1976
- Martin v. StateAlabama Court of Appeals · 1926
- Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Supreme Court of Alabama · 1934
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
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