Perolio v. Doe ex dem. Woodward Iron Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Ejectment by the Woodward Iron Company against Louis Perolio and others. Judgment for plaintiffs and defendant appeals.
1Opinion of the CourtThomas, J.
This is a common-law action of ejectment, brought by the Woodward Iron Company, a corporation, against the appellants, Louis and Mary Perolio.
The demise was laid in different counts of the complaint, in the several lessors. The defendants, for answer to the complaint, pleaded “not guilty” of the matters alleged therein. A jury being waived, the court heard the cause and rendered judgment for the plaintiff for the land the subject of the suit.(1) In a common-law action of ejectment, the plea of not guilty is the equivalent of the “consent rule,” which requires the defendant, as a condition to…
2Cases cited38 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Pollard v. CockeSupreme Court of Alabama · 1851
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Bynum v. GoldSupreme Court of Alabama · 1894
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
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3Cited by11 opinions
- Jarvis v. StateSupreme Court of Alabama · 1930
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- Doe Ex Dem. Slaughter v. Roe Ex Dem. W. M. Carney Mill Co.Supreme Court of Alabama · 1930
- Jones v. MitchellSupreme Court of Alabama · 1953
- Anderson v. Doe Ex Dem. MacEdonia, Baptist ChurchSupreme Court of Alabama · 1945
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