Vinyard v. Republic Iron & Steel Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Dan A. Green, Judge. Action in unlawful detainer by the Republic Iron & Steel Company against J. W. Vinyard to recover possession of a house and lot after termination of tlio lease under which defendant took and held possession. Judgment for plaintiff, and defendant appeals. The municipal court of Birmingham rendered judgment for the plaintiff, and the defendant took an appeal to the circuit court.
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Appeal from Circuit Court, Jefferson County; Dan A. Green, Judge. Action in unlawful detainer by the Republic Iron & Steel Company against J. W. Vinyard to recover possession of a house and lot after termination of tlio lease under which defendant took and held possession. Judgment for plaintiff, and defendant appeals. The municipal court of Birmingham rendered judgment for the plaintiff, and the defendant took an appeal to the circuit court. In the circuit court the plaintiff refiled its original complaint and added thereto a claim: (1) Attorney’s fees of $25 for prosecuting the suit in the…
1Opinion of the CourtSomerville, J.
[1] The trial of this cause in the circuit court on appeal was, under our statute, de novo. Code, §§ 4280, 4720; Littleton v. Clayton, 77 Ala. 571. This means that, subject only to a restriction of the claim to an amount or value within the jurisdiction of the justice court (Giddens v. Bolling, 92 Ala. 586, 9 South. 274), the trial is had as though the suit originated in the circuit court (L. & N. R. R. Co. v. Lancaster, 121 Ala. 471, 473, 25 South. 733); and a new complaint oí an amendment to the old, may be filed by the plaintiff, provided it does not exhibit an entire change of parties…
2Cases cited32 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. LancasterSupreme Court of Alabama · 1898
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Heflin v. MiltonSupreme Court of Alabama · 1881
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3Cited by42 opinions
- Ball v. JonesSupreme Court of Alabama · 1961
- Government Street Lumber Co. v. AmSouth Bank, NASupreme Court of Alabama · 1989
- Thompson v. City of BirminghamSupreme Court of Alabama · 1928
- Singpiel v. MorrisSouth Dakota Supreme Court · 1998
- Eddins v. Galloway Coal Co.Supreme Court of Alabama · 1921
37 more not listed; retrieve them via the Exa API.