Bradford v. Sneed
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles S. Senn. Ejectment by Carrie Bradford and others, against John Sneed and others. Judgment for plaintiff, and on motion of defendant the judgment was arrested on account of the insufficient description of the verdict, and the plaintiff appeals and seeks mandamus to compel the circuit judge to annul said order granting said motion in arrest of judgment.
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Appeal from Birmingham City Court. Heard before Hon. Charles S. Senn. Ejectment by Carrie Bradford and others, against John Sneed and others. Judgment for plaintiff, and on motion of defendant the judgment was arrested on account of the insufficient description of the verdict, and the plaintiff appeals and seeks mandamus to compel the circuit judge to annul said order granting said motion in arrest of judgment. The description was sufficient. — Rayburn v. Flrose,, 43 Ala. 700, and cases there cited. A complaint good against demurrer will support a judgment. — Williamson v. The Bank, 3 Ala.…
1Opinion of the CourtSimpson, J.
This is an action of (statutory) ejectment, brought by the appellants against the appellees. There was a verdict in favor of the plaintiffs, and a motion in arest of judgment was sustained by the court, on account of the insufficiency of the description, in the verdict, of the property recovered. From this judgment the appeal is taken, and a motion is made‘for a writ of mandamus to the circuit judge, requiring him to set aside said order granting said motion in arrest of judgment.
The verdict is simply “for the lands sued for in the complaint,” and the complaint described the lands sued for as…
2Cases cited11 opinions
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
- Jinkins v. NoelSupreme Court of Alabama · 1830
- McCullough v. East Tennessee, Virginia & Georgia Railway Co.Supreme Court of Georgia · 1898
- Hamby v. FolsamSupreme Court of Alabama · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Smith v. BachusSupreme Court of Alabama · 1915
- Lessley v. PraterSupreme Court of Alabama · 1917
- Smith v. EudySupreme Court of Alabama · 1927
- Klepac v. FendleySupreme Court of Alabama · 1931
- Hughes v. AllenSupreme Court of Alabama · 1934
15 more not listed; retrieve them via the Exa API.