Brown v. French
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Forcible entry and detainer by Mary Brown v. A. H. French. From a judgment, for defendant plaintiff appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Forcible entry and detainer by Mary Brown v. A. H. French. From a judgment, for defendant plaintiff appeals. One cannot get the circuit court to exercise its jurisdiction and remove a case of this character from an inferior court in order to try title on a sworn statement of facts, and then testify to an exactly opposite state of facts to avoid the affirmative charge. — Hoclges v. Winston, 95 Ala. 514; Railway Co. v. McCarty, 96 U. S. 267; Boyett v. Standard C. & 0. Co., 41 South. 756; Fx parte Southern Tel. Co., 73 Ala.…
1Opinion of the CourtSimpson, J.
This action of forcible entry and detainer was commenced in the justice of the peace court by the appellant against the appellee, and was removed into the circuit court by the defendant’s making affidavit in accordance with section 2147 of the Code of 1896 (section 4283, Code 1907). On a former appeal this court held that the plaintiff was entitled to the general charge in her favor. — Brown v. French, 148 Ala. 272, 42 South. 409.
*648The only material difference between the evidence introduced in the case on the former trial and that introduced on the trial now appealed from is that in this trial…
2Cases cited8 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Boyett v. Standard Chemical & Oil Co.Supreme Court of Alabama · 1906
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Fearn v. BeirneSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Russell v. RussellSupreme Court of Alabama · 1981
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Cowley v. FarrowSupreme Court of Alabama · 1915
19 more not listed; retrieve them via the Exa API.