Hawkins v. Gill
Supreme Court of Alabama
Error to the Circuit Court of Jefferson. The plaintiffin error send out an attachment before a justice of the peace, as a landlord, against the defendant as his tenant, upon an affidavit, “that Joseph M. Gill is justly indebted to the said Williamson Hawkins, in the sum of one hundred dollars due from him for the rent of land for the year 1843, and that the said Gill has removed off the premises, to him rented by the said Hawkins, a part of the crop grown upon said land, and…
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Error to the Circuit Court of Jefferson. The plaintiffin error send out an attachment before a justice of the peace, as a landlord, against the defendant as his tenant, upon an affidavit, “that Joseph M. Gill is justly indebted to the said Williamson Hawkins, in the sum of one hundred dollars due from him for the rent of land for the year 1843, and that the said Gill has removed off the premises, to him rented by the said Hawkins, a part of the crop grown upon said land, and is about to remove the residue without having paid the rent for said land.” Bond being executed in the penal sum of two…
1Opinion of the CourtOrmond, J.
The act of 1843, [Clay’s Dig, 506,] declares that the crop grown on any rented land, shall not be removed off the premises until the tenant shall pay the rent in arrear, and that if the tenant is removing, or about to remove the crop, or any part *621thereof, without having first paid the rent, the landlord shall have “the process of attachment as now provided by law,” upon making affidavit, “that the amount sued for is due, or will be due for rent, and the tenant or lessee has removed, or is about to remove the crop off the premises, without having first paid the rent.”
We think the whole design…
2Cited by10 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Ellis v. MartinSupreme Court of Alabama · 1877
- Cooper v. OwenSupreme Court of Alabama · 1935
- Thompson v. SpinksSupreme Court of Alabama · 1847
- Flexner v. DickersonSupreme Court of Alabama · 1880
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