Nicrosi v. Roswald
Supreme Court of Alabama
Action by Landlord against Tenant to enforce Ms Lien. Appeal from the Circuit Court of Montgomery. The appellant, D. M. Nicrosi, rented a store to the appellee for one year commencing October 1, 1893, at a monthly rental of $75, payable on the 1st day of November and on the 1st day of each succeeding month.
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Action by Landlord against Tenant to enforce Ms Lien. Appeal from the Circuit Court of Montgomery. The appellant, D. M. Nicrosi, rented a store to the appellee for one year commencing October 1, 1893, at a monthly rental of $75, payable on the 1st day of November and on the 1st day of each succeeding month. The rent for the month of October not haying been paid, and payment haying been demanded of Esther Roswald, and she failing to pay, D. M. Nicrosi, on November 9, 1893, instituted suit against Esther Roswald, and sued out an attachment to enforce the payment of the rent due. The suit was…
1Opinion of the CourtHaralson, J.
Section 3069 of the Code gives the landlord of a storehouse, dwelling-house, or other building, a lien on the goods, furniture and effects belonging to the tenant, for his rent.
Section 3070 provides a remedy at km for the enforcement of this lien. Such a proceeding is purely statutory, and the writ can only be issued in such cases as are clearly authorized by the law creating the remedy. The courts, by construction are not permitted to extend its provisions to cases and persons which are not clearly within its provisions.-Taliaferro v. Lane, 23 Ala. 369, 371; Gunn v. Howell, 27 Ala. 663.
This…
2Cases cited9 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Gunn v. HowellSupreme Court of Alabama · 1855
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Treadwell v. TillisSupreme Court of Alabama · 1895
- Garner v. CuttingSupreme Court of Iowa · 1871
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- Leader v. RomanoSupreme Court of Alabama · 1923
- In re ScruggsDistrict Court, S.D. Alabama · 1913
- Arbuthnot v. ThatcherSupreme Court of Alabama · 1939
- Shapiro v. ThompsonSupreme Court of Alabama · 1909
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