McConnell v. Adair
Supreme Court of Alabama
Appeal from Walker Circuit Court.' Heard before Hon. A. A. Coleman. Action by J. L. McConnell against J. E.' Adair for rent growing out of a contract Of lease. Tbe defense interposed ivas that Adair was a sub lessee and was damaged in a certain amount by tbe repair of tbe wall made by McConnell during tbe'time of tbe lease. There was evidence tending to show that tbe original lessee bad, been paid, a sum certain for tbe privilege’ of repairing tbe wall by McConnell.
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Appeal from Walker Circuit Court.' Heard before Hon. A. A. Coleman. Action by J. L. McConnell against J. E.' Adair for rent growing out of a contract Of lease. Tbe defense interposed ivas that Adair was a sub lessee and was damaged in a certain amount by tbe repair of tbe wall made by McConnell during tbe'time of tbe lease. There was evidence tending to show that tbe original lessee bad, been paid, a sum certain for tbe privilege’ of repairing tbe wall by McConnell. Tbe other facts, together .with the charges refused, are sufficiently shown, iü the opinion. From a judgment for defendant…
1Opinion of the CourtSimpson, J.
This was an action for rent due under a written contract, in which judgment was rendered in favor of the defendant, and the assignments of error are to certain charges given by the court and to the action of the court in overruling a motion for a new trial.
The first assignment of error is to the giving, on request of the defendant, of.the written charge: “If the jury do not believe the evidence in this case, they must find for the defendant.” This is a charge which has been considered by this court several times in different lights. In A. G. S. R. R. Co. v. McAlpine, 80 Ala. 73, the evidence…
2Cases cited4 opinions
- Segars v. StateSupreme Court of Alabama · 1888
- Koch v. StateSupreme Court of Alabama · 1896
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
- Seibold v. RogersSupreme Court of Alabama · 1895
3Cited by14 opinions
- Freeman v. State.Court of Criminal Appeals of Alabama · 1998
- Baxley v. StateAlabama Court of Appeals · 1921
- Hurston v. StateSupreme Court of Alabama · 1938
- Kilgore v. StateAlabama Court of Appeals · 1923
- Boozer v. JonesSupreme Court of Alabama · 1910
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