Botts v. Armstrong
Supreme Court of Alabama
Error to the Circuit court of Mobile. Forcible entry and detainer, tried-before Judge Harris This case was brought up to the Circuit court, by cer-tiorari, from a justice of the peace. Plaintiff below complained before the justice, of forcible entry and detainer, against the defendant. Ilotts, and one Jordan, against whom the case was discontinued, as it appeared the summons had not been served on him. Plea, not guilty. Verdict, guilty — and judgment accordingly.
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Error to the Circuit court of Mobile. Forcible entry and detainer, tried-before Judge Harris This case was brought up to the Circuit court, by cer-tiorari, from a justice of the peace. Plaintiff below complained before the justice, of forcible entry and detainer, against the defendant. Ilotts, and one Jordan, against whom the case was discontinued, as it appeared the summons had not been served on him. Plea, not guilty. Verdict, guilty — and judgment accordingly. The errors assigned in the Circuit court, were— 1. That the court below refused. to quash the complaint and proceedings of the…
1Opinion of the CourtOrmond, J.
— The only error now insisted on, is the charge of the justice of the peace.
The substance of the testimony, as found in the record, is, that the defendant, as the administrator of one Inston, was in the possession of the premises, having some ne-groes there. That in his absence, the plaintiff, who had married one of the .heirs of Inston, entered upon, and took possession of the premises, and also took away the negroes of the defendant, who were there.
*60The charge of the justice of the peace to the jury, is as follows: T.hat it was their duty to ascertain from the evidence, who was in…
2Cited by3 opinions
- Horsefield v. AdamsSupreme Court of Alabama · 1846
- McGuire v. CookSupreme Court of Arkansas · 1853
- Walters v. RogersSupreme Court of Alabama · 1846