Rutledge v. White
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; O. A. Steele, Judge. Unlawful detainer by J. A. White against B. H. Rutledge. From judgment for defendant, plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Verbal notice was sufficient to terminate the tenancy, 190 Ala. 589, 67 South. 284; 96 Ala. 555, 12 South. 397. The court erred in not admitting the written notice. Section 4263, Code 1907. No brief reached the Reporter.
1Opinion of the CourtSomerville, J.
The action is for an unlawful detainer of plaintiff’s premises. The plaintiff was the only witness who testified in the case, and there is no dispute as to the facts.
Plaintiff authorized defendant, as a mere gratuity, to enter upon and occupy plaintiff’s premises for “about a month.” Under this permission defendant entered upon the premises about the last of December, and near the last of January plaintiff told defendant that plaintiff’s own family would want to. move into the house on the 1st of the month (February); whereupon defendant said he would be out “in about a month” from the time…
2Cases cited2 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Bush v. FullerSupreme Court of Alabama · 1911
3Cited by11 opinions
- Penn-Ohio Steel Corporation v. The United StatesUnited States Court of Claims · 1965
- Buchmann v. CallahanSupreme Court of Alabama · 1930
- Jefferson County v. ParkerSupreme Court of Alabama · 1924
- Riley v. RileySupreme Court of Alabama · 1952
- Womack v. HycheSupreme Court of Alabama · 1987
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