Powers v. David
Supreme Court of Alabama
■ WRIT of Error to the Circuit Court of Mobile county. This is an action for a forcible entry and unlawful detainer, instituted by David against Mrs. Powers, before a justice of the peace of Mob Jo county.
Read the full summary
■ WRIT of Error to the Circuit Court of Mobile county. This is an action for a forcible entry and unlawful detainer, instituted by David against Mrs. Powers, before a justice of the peace of Mob Jo county. After verdict and judgment against the defendant, she removed the cause into the circuit court, by cer-tiorari, and there assigned as error; 1. That the proceedings were instituted without a written complaint, as required by the statute. 2. That the venire was not returnable at any place. 3. That the summons was not returnable at any place. 4. That the court was held at a place not within…
1Opinion of the CourtGoldth Waite, J.
1. The first assignment of error is not sustained, in point of fact, by the record, as there is a complaint in writing sent up by the magistrate. It is true, this complaint bears a date nearly two years subsequent to the other proceedings, but this does not authorise'the inference that it has been interpolated. On the contrary, the presumption is strong that the date is a mere clerical error, and such we feel constrained to consider it. The consequence is, that this assignment is unavailable.
2. Next in order, as the second and third assignments have been abandoned, is the fourth; and this…
2Cases cited2 opinions
- Wyatt v. JudgeSupreme Court of Alabama · 1838
- Spann v. BoydSupreme Court of Alabama · 1830
3Cited by4 opinions
- Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
- Ex Parte MooreSupreme Court of Alabama · 2003
- Hamm v. CulveyIllinois Supreme Court · 1876
- Paul v. HusseySupreme Judicial Court of Maine · 1852