Littleton v. Clayton
Supreme Court of Alabama
Gertiorari to Justice's Judgment in Action of Forcible Entry and Detainer, or Unlawful Detainer. Appeal from the Circuit Court of Lee. Tried before the ILon. H. L>. Clayton. This action was brought by J. W. Clayton, against J. H. Littleton; was commenced before a justice of the peace, on the 24th January, 1881, and was removed by certiorari, sued out by the defendant, into the Circuit Court.
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Gertiorari to Justice's Judgment in Action of Forcible Entry and Detainer, or Unlawful Detainer. Appeal from the Circuit Court of Lee. Tried before the ILon. H. L>. Clayton. This action was brought by J. W. Clayton, against J. H. Littleton; was commenced before a justice of the peace, on the 24th January, 1881, and was removed by certiorari, sued out by the defendant, into the Circuit Court. In the summons issued by the justice, the cause of action is described as “ a detainer, or unlawful detainer, as the case may be;” and in the petition for a certiorari, the bonds executed by the…
1Opinion of the CourtClopton, J.
— The notice issued by the justice of the peace, the petition for a certiorari, the bonds made by the defendant on the writ being issued, a2id the statement of the cause returned by the justice to the Circuit Court, designate the action as for unlawful detainer. On appeal, the case is t2-ied de novo, without regard to any defect in the p2’oceedings. A trial 2nay be had in the Ch’cuit Court, on the complaint before the justice, or a new complaint 2nay be filed; and the complaint before the justice is subject to amendment. Different counts, for fo2’cible entry and detainer, and unlawful…
2Cases cited8 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Houston v. FarrisSupreme Court of Alabama · 1882
- Merrill's Heirs v. MorrissettSupreme Court of Alabama · 1884
- Norwood v. Kirby's Adm'rSupreme Court of Alabama · 1881
- Beck v. GlennSupreme Court of Alabama · 1881
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3Cited by15 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
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- Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
- Slaughter v. MartinAlabama Court of Appeals · 1913
- Lehman, Durr & Co. v. Hudmon Bros.Supreme Court of Alabama · 1885
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