Paterson v. Bridges
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by A. J. Paterson against Wm. D. Bridges for rent. Judgment for defendant on the pleading, and plaintiff takes nonsuit, with bill of exceptions, and appeals. The action was upon rent notes, and was begun July 7, 1915, and declared on notes due in February, March, April, May, June, and July, 1915. Defendant interposed the following pleas: (1) In short, by consent, the general issue.
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Appeal from Circuit Court, Mobile County; Samuel B. Browne, Judge. Action by A. J. Paterson against Wm. D. Bridges for rent. Judgment for defendant on the pleading, and plaintiff takes nonsuit, with bill of exceptions, and appeals. The action was upon rent notes, and was begun July 7, 1915, and declared on notes due in February, March, April, May, June, and July, 1915. Defendant interposed the following pleas: (1) In short, by consent, the general issue. (2) “Defendant says the notes were given for rent for rooms in an apartment house situated in the city of Mobile, and that, after defendant…
1Opinion of the CourtBrown, P. J.
[1] The appellant’s right to review the rulings of the court on the demurrers to the special pleas, after nonsuit, suffered because of such ruling, although the general issue was also pleaded, is well established. Code 1907, § 3917; Bush v. Russell, 180 Ala. 590, 61 South. 373; Albany Warehouse Co. v. Fisk Cotton Co., 12 Ala. App. 527, 67 South. 728; Broadwell v. Imms, 14 Ala. App. 437, 70 South. 294.
[2] If the tenant suffers total eviction, actual or constructive, he may plead this in bar of the landlord’s claim for subsequently accruing rent. Tiffany’s Landlord and Tenant, p. 1221; Abrams…
2Cases cited15 opinions
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Warren v. WagnerSupreme Court of Alabama · 1883
- Abrams v. WatsonSupreme Court of Alabama · 1877
- Bush v. RussellSupreme Court of Alabama · 1913
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Blackett v. OlanoffMassachusetts Supreme Judicial Court · 1977
- Sam v. BeairdCourt of Civil Appeals of Alabama · 1996
- SOUTHERN SEC. SERVICES, INC. v. EsneaultCourt of Civil Appeals of Alabama · 1983
- Hartenbauer v. BrumbaughAppellate Court of Illinois · 1920
- Wyatt v. AdairSupreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.