Bibby v. Thomas
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the I-Ion. \ M. W. Wili-cersox. This was an action of forcible entry and unlawful detainer and was originally instituted in the justice court by the appellee against the appellant.
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Appeal from the City Court of Birmingham. Tried before the I-Ion. \ M. W. Wili-cersox. This was an action of forcible entry and unlawful detainer and was originally instituted in the justice court by the appellee against the appellant. The complaint as originally filed in the justice court and the city court described the property as “one house and lot in Little-ton, Jefferson county, Alabama, in the N. E. J -of the S. W. ‡ of Sec. 31, T. 15, R. 4 of which plaintiff was in possession,” etc. By amendment the description was made more, certain -and definite by setting out the metes and bounds,…
1Opinion of the CourtDowdell, J.
While it is not necessary in a complaint of forcible entry and unlawful detainer to aver that the defendant, after entering upon said premises, warned all other persons, especially the plaintiff, to keep off the premises', yet when averred in the complaint, there is no error in refusing to strike the same on motion of the defendant.
There was no error in the ruling of the court upon the second, third and fourth pleas. All of these pleas were fatally defective in their allegations, and besides the defendant had.the benefit, under the plea of not guilty, of any valid defense sought to be set up…
2Cases cited1 opinion
- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
3Cited by6 opinions
- Denson v. Kirkpatrick Drilling Co.Supreme Court of Alabama · 1932
- Myles v. StrangeSupreme Court of Alabama · 1932
- Birmingham Baptist Hospital v. BrantonSupreme Court of Alabama · 1927
- Ganey v. HenleySupreme Court of Alabama · 1954
- Peinhardt v. BonnerSupreme Court of Alabama · 1936
1 more not listed; retrieve them via the Exa API.