Mallon v. Moog
Supreme Court of Alabama
■ Appeal from tlie Circuit Court of Mobile. ■ Tried.'before the Hou. William S. Anderson., The facts of this case are stated in the opinion. — The appellant entered on.the land in quiet peaceable manner. In Mo-Ganegal v. Walker, 23 Ala. 361, the court say: “The bare removal of a fence if the defendant had entered peaceable would not convert his entry or detainer into a forcible one.” cited' Dunton v. Keel, 95 Ala. 162; State v. Posey, 79 Ala. 45.
1Opinion of the CourtDowdell, J.
— This was an action of forcible entry and unlawful detainer brought by the appellee, Del-phine Moog, against the appellant, Prank Mallon, in the justice court in the city of Mobile on the petition of the defendant Mallon under the provisions of sections 2147-8-9 of the Code of 1896. If the cause had been carried to the circuit court by appeal from the judgment of the justice of the peace, it would need no argument to demonstrate •that the-rulings of the'circuit court on the trial in that *305court were free from error. But as tbe removal of tbe cause was bad under tbe provisions of tbe above…
2Cases cited1 opinion
- McGonegal v. WalkerSupreme Court of Alabama · 1853
3Cited by8 opinions
- Pritchard v. FowlerSupreme Court of Alabama · 1911
- Fearn v. BeirneSupreme Court of Alabama · 1900
- Fowler v. PritchardSupreme Court of Alabama · 1906
- Brown v. FrenchSupreme Court of Alabama · 1906
- Nance v. WalkerSupreme Court of Alabama · 1917
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