Mahan v. Lester
Supreme Court of Alabama
Erroe to the Circuit Court of Tallapoosa. Tried before tbe' Hon. E. Pickens. Lester commenced a proceeding, under tbe statute, against Maban, before a justice of tbe peace, for tbe unlawful detain-er of tbe possession of certain lands described in tbe proceedings ; tbe jury, trying tbe case before tbe justice, rendered a verdict against tbe defendant, and judgment was given accordingly.
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Erroe to the Circuit Court of Tallapoosa. Tried before tbe' Hon. E. Pickens. Lester commenced a proceeding, under tbe statute, against Maban, before a justice of tbe peace, for tbe unlawful detain-er of tbe possession of certain lands described in tbe proceedings ; tbe jury, trying tbe case before tbe justice, rendered a verdict against tbe defendant, and judgment was given accordingly. On tbe 5tb of February, 1850, tbe defendant exhibited bis petition, for certiorari, to tbe Judge of tbe Ninth Judicial Circuit, who, by bis fiat without date, ordered tbe cer-tiorari to issue. This petition…
1Opinion of the CourtLig-On, J.
Tbe rules regulating proceedings in tbe Circuit Court, in cases of forcible entry and detainer, brought before it by certiorari, have demanded tbe attention of this court from a very early period, and are scattered through many of its decisions, so that, under tbe law as it bad been settled, before tbe passage of tbe act of 12th February, 1850,-*164tbe courts could experience but little difficulty with regard to them.
As early as 1822, it was held, that the trial in the Circuit Court must be on the record sent up by the Justice of the Peace, and not da novo before a jury. Ala. Rep. 99. At the…
2Cases cited2 opinions
- Dunham v. CarterSupreme Court of Alabama · 1830
- Bell v. KillcreaseSupreme Court of Alabama · 1847
3Cited by1 opinion
- Dryden v. SwinburnWest Virginia Supreme Court · 1879