McMillan v. Otis
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarice. This action was brought by McMillan & Sons, a partnership suing in their firm name, against William Otis, to recover the sum of §1,708.30, the rent reserved by a written lease executed by and between J. F. Jewett, as lessor, and said William Otis as lessee, and alleged to be payable, in quarterly installments, between the 1st of June, 1876, and the 1st December, 1877. The action was commenced on…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥i. E. Clarice. This action was brought by McMillan & Sons, a partnership suing in their firm name, against William Otis, to recover the sum of §1,708.30, the rent reserved by a written lease executed by and between J. F. Jewett, as lessor, and said William Otis as lessee, and alleged to be payable, in quarterly installments, between the 1st of June, 1876, and the 1st December, 1877. The action was commenced on the 22d December, 1877. The original lease from Jewett to Otis was dated May 20th, 1859, and was for the term of one…
1Opinion of the Court
SOMERYILLE, J.-
— This casé, when last before this court,
' on appeal, was under the title of Otis v. McMillan & Sons, 70 Ala. 46. The facts are fully stated in the report of the case, and it is unnecessary that they should be again repeated in detail for any purpose of this decision. We are urged by appel*565lant’s counsel to review the doctrine announced in that case, which was decided bty a divided court. This is unnecessary, in as much as it is our judgment that the general charge given by the court below, in favor of the defendant, was correct on other and different principles.
If we concede…
2Cases cited9 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Otis v. McMillan & SonsSupreme Court of Alabama · 1881
- Toomer v. RandolphSupreme Court of Alabama · 1877
- Johnston v. RiddleSupreme Court of Alabama · 1881
- Hutchinson v. DearingSupreme Court of Alabama · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moorer v. Tensaw Land & Timber Co.Supreme Court of Alabama · 1944
- Heflin v. SlaySupreme Court of Alabama · 1884
- Molton Realty Co. v. MurchisonSupreme Court of Alabama · 1925
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
- Greenwood v. BennettSupreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.