Wright v. Lyle
Supreme Court of Alabama
EkeoR to the Circuit Court of De Kalb. This was a proceeding commenced originally by the defendant against the plaintiff in error, before a Justice of the Peace for a forcible detainer.
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EkeoR to the Circuit Court of De Kalb. This was a proceeding commenced originally by the defendant against the plaintiff in error, before a Justice of the Peace for a forcible detainer. The complainant states “that he was in possession of a certain messuage and parcel of land, with the appurtenances, containing thirty acres, be the same more or less, adjoining Thomas B. Watts and others in the said county of De Kalb, until James C. Wright, on, &c., unlawfully entered thereupon and forcibly and unlawfully detains and keeps possession of said land and appurtenances, &c, &c.” The jury found a…
1Opinion of the CourtOrmond, J.
The third, fourth and fifth assignments of error, which question the regularity of the process, the return of the sheriff and the form of the complaint, if well taken cannot now be considered. By going to trial without objection, all these defects if they exist, were waived, and cannot now be urged.
It cannot admit of question that the magistrate has power to grant a new trial in a case of forcible entry and detainer. The power to enter judgment upon the verdict of a jury supposes the right to consider whether the verdict is supported by the testimony. Many other cases might be supposed which…
2Cases cited1 opinion
- Sturdevant v. Heirs of MurrellSupreme Court of Alabama · 1838
3Cited by9 opinions
- Beck v. GlennSupreme Court of Alabama · 1881
- Dane v. GlennonSupreme Court of Alabama · 1882
- House v. CampSupreme Court of Alabama · 1858
- Huffaker v. BoringSupreme Court of Alabama · 1845
- McRae v. TillmanSupreme Court of Alabama · 1844
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