Turnley v. Hanna
Supreme Court of Alabama
Appeal from tbe Circuit Court of DeKalb. Tried before the Hon. Leroy E. Bos. This action was brought by Matthew J. Turnley, against A. B. Hanna, Wm. H. Holton, S. W. Brown, and Joseph Brown ; but the two defendants last named were not served with process, and did not appear.
Read the full summary
Appeal from tbe Circuit Court of DeKalb. Tried before the Hon. Leroy E. Bos. This action was brought by Matthew J. Turnley, against A. B. Hanna, Wm. H. Holton, S. W. Brown, and Joseph Brown ; but the two defendants last named were not served with process, and did not appear. The action was' commenced in a justice’s court, on the 10th March, 1882; and sought to recover 'the possession of a tract of land described as the south-west quarter of section ten (10), of fractional township four (4), range ten (10) east, known also as the “Sulphur Springs place.” On appeal to the Circuit Court, the…
1Opinion of the CourtSomerville, J.
— 1. The deposition of Henrietta Ellis was properly excluded from being admitted in evidence on the trial of this cause. It was not taken to be used in this suit, which, is one of forcible entry and detainer, brought by the appellant, Turnley, against the appellees, Hanna and Holton; but to be used in another and different suit in the Chancery Court, in which Hanna was the complainant, and Turnley and one Collins the defendants, relating, it is true, to the same subject-matter. Holton was not a party to the chancery cause in which the testimony was taken. He had, therefore, no opportunity to…
2Cases cited4 opinions
- Brady v. HuffSupreme Court of Alabama · 1883
- Elliott v. Stocks & Bro.Supreme Court of Alabama · 1880
- Bohannon v. StateSupreme Court of Alabama · 1882
- Nelson v. IversonSupreme Court of Alabama · 1851
3Cited by13 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Sloss-Sheffield Steel & Iron Co. v. GreenSupreme Court of Alabama · 1909
8 more not listed; retrieve them via the Exa API.