Allen v. Southern Coal & Coke Co.
Supreme Court of Alabama
■ Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Action in unlawful detainer by the South.ern Coal '& Coke Company against Wiley Allen. Judgment for plaintiff, and defendant appeals. Proposition (1). The court erred in overruling the motion of defendant to dismiss said cause on the ground of disqualification and incompetency of the justice of the peace who heard and determined the same.
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■ Appeal from Circuit Court, Shelby County; E. J. Garrison, Judge. Action in unlawful detainer by the South.ern Coal '& Coke Company against Wiley Allen. Judgment for plaintiff, and defendant appeals. Proposition (1). The court erred in overruling the motion of defendant to dismiss said cause on the ground of disqualification and incompetency of the justice of the peace who heard and determined the same. (Record, p. 9.) Code; § 4626; Ex parte Cornwell, 144 Ala. 497, 39 South. 354; Crook v. Newborg, 124 Ala. 481, 27 South. 432, 82 Am. St. Rep 190; 24 Cyc. 490; Pegues v. Baker, 110 Ala. 253, 17…
1Opinion of the CourtSayre, J.
Unlawful detainer. Appellant, to whom we shall refer as defendant, appealed to the circuit court. When the case came on for trial in the circuit court, defendant moved the court to dismiss the cause on the ground that the justice of the peace, who had rendered the judgment appealed from, was disqualified to hear and determine the cause, and defendant’s attorney stated to the court that he offered in support of the motion evidence that the justice of the peace, who had tried the case, was at the time of the trial employed by plaintiff as a civil engineer, and an instrument in writing…
2Cases cited4 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Vizard Invest. Co. v. Mobile Fish & Oyster Co.Supreme Court of Alabama · 1916
- Martin v. HigginsSupreme Court of Alabama · 1853
- Western Union Tel. Co. v. StokesSupreme Court of Alabama · 1910
3Cited by7 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Eddins v. Galloway Coal Co.Supreme Court of Alabama · 1921
- Cleveland v. Little Cahaba Coal Co.Supreme Court of Alabama · 1921
- Messer v. Dupuy-Burke Realty Co.Supreme Court of Alabama · 1933
- Terrell v. John Deere Co.Supreme Court of Alabama · 1986
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