Phillips v. Phillips
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Forcible entry and detainer by J. M. Phillips and others against Mary Phillips and others. From a judgment for plaintiffs, defendants appeal.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Forcible entry and detainer by J. M. Phillips and others against Mary Phillips and others. From a judgment for plaintiffs, defendants appeal. The defendants were E. J. Phillips and Mary Phillips, his daughter, who removed the cause to the circuit court under the provisions of section 4283, Code 1907. The petition in due form was signed only by E. J. Phib lips, but contained the following: “Your petitioners further allege that the said defendants entered on said land peaceably, and under claim of title, * * * and that petitioner…
1Opinion of the Court
SOMERVILLE, J.-
— Under section 4283 of the Code, providing that “any defendant in a suit for forcible entry and detainer or unlawful entry and detainer may remove such action” from the justice to the circuit court, and requiring, to that end, that “the defendant desiring to remove such case shall file a sworn petition” to a judge of some court of record, it is not necessary for all of several defendants to sign and make oath to the petition. It is sufficient if the petition shows the facts required, and their verity is attested by the oath of any defendant.
It clearly appears from the removal…
2Cases cited32 opinions
- Louisville & Nashville R. R. v. WilliamsSupreme Court of Alabama · 1911
- Sharp v. HallSupreme Court of Alabama · 1888
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Wilson v. CarricoIndiana Supreme Court · 1895
- Daniel v. HillSupreme Court of Alabama · 1875
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3Cited by18 opinions
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- Wise v. HelmsSupreme Court of Alabama · 1949
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- Collier v. CarterSupreme Court of Georgia · 1917
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