Roll v. Howell
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Lizzie G. Howell against J. H. Roll to recover rent of a storehouse. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Lizzie G. Howell against J. H. Roll to recover rent of a storehouse. Judgment for plaintiff, and defendant appeals. The following pleas were filed by defendant: (E) That plaintiff should not have and recover of this defendant anything because that defendant long prior to tlie expiration of said lease, and on, to wit, the 1st day of May, 1908, was evicted from the premises which he had leased from the plaintiff, and for the rent of which this suit was brought to recover, the said eviction taking place before the…
1Opinion of the Court
PELHAM, J. —
This suit is brought to recover the balance due on a written lease or contract of rental for a certain storeroom described in the complaint. The defendant (the appellant here) filed a number of special pleas, to which demurrers were sustained by the court, whereupon the defendant filed amended pleas *175designated as pleas E, F, G, and H, and demurrers were sustained to these plehs.
Plea E does not undertake to state the facts showing an eviction, but merely states a legal conclusion, and is subject to the demurrers interposed to it. — 6 Mayfield’s Dig. p. 711, § 40.
Plea F fails to…
2Cases cited4 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Warren v. WagnerSupreme Court of Alabama · 1883
- Rice v. DudleySupreme Court of Alabama · 1880
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
3Cited by5 opinions
- Locascio v. BarberAlabama Court of Appeals · 1920
- Colquett v. WilliamsSupreme Court of Alabama · 1956
- Colquett v. WilliamsSupreme Court of Alabama · 1956
- In re Simon Hotel Co.District Court, N.D. Alabama · 1915
- Locascio v. BarberAlabama Court of Appeals · 1920