Fearn v. Beirne
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action of forcible entry and unlawful de-tainer brought by the appellee, Edward Beirne, against the appellants, Ann Eearn and Lee Fearn, for the recovery of the possession of a certain house and lot in the city of Huntsville.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action of forcible entry and unlawful de-tainer brought by the appellee, Edward Beirne, against the appellants, Ann Eearn and Lee Fearn, for the recovery of the possession of a certain house and lot in the city of Huntsville. The suit was commenced before a justice -of the peace on June 25, 1898. On the 28th of June, the defendants in said suit obtained an order for the removal of said cause to the circuit court of Madison county, in accordance with the provisions of the statute relating thereto, (Code,…
1Opinion of the CourtHaralson, J.
1. Under section 2 of the act oí 1895, entitled an act, “To regulate the practice and proceedings in civil eases in the 'Circuit courts of Morgan and Madison counties,” (Acts, 1894-95, p. 58(5), it is provided, that “in all cases whether ’commenced by summons and complaint, attachment or otherwise, the issues and questions of fact shall be tried by the court without the intervention of a jury, unless the jury be: demanded by the plaintiff,” or defendant in the manner specially prescribed in either case. Section 5 of the act provides,' that “in the trial of any cause at law without a jury, in…
2Cases cited2 opinions
- Monroe v. ArthurSupreme Court of Alabama · 1899
- Mallon v. MoogSupreme Court of Alabama · 1898
3Cited by8 opinions
- Brown v. FrenchSupreme Court of Alabama · 1909
- Phillips v. PhillipsSupreme Court of Alabama · 1914
- Jenkins v. Jonas Schwab Co.Supreme Court of Alabama · 1903
- Fowler v. PritchardSupreme Court of Alabama · 1906
- Farned v. CleereSupreme Court of Alabama · 1932
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