Legal Opinion

Headley v. McCall

Supreme Court of Alabama

Decided December 16, 1920No. 5 Div. 762PublishedCited by 7 opinions

Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Ejectment by William McCall against John Jones, tenant, with G. J. Headley brought in as landlord. Judgment for plaintiff, and defendants appeal.

Read the full summary

Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Ejectment by William McCall against John Jones, tenant, with G. J. Headley brought in as landlord. Judgment for plaintiff, and defendants appeal. At common law, irrespective of the statute, the value of permanent improvements may be set off against damages for rent or detention. 4 Ala. 367; 88 Ala. 346, 6 South. 698. The value of the wood cut was not claimed in the complaint, and hence could not be shown. 1 Ala. App. 649, 56 South. 110; 1SS Ala. 509, 65 South. 987. Where the judgment did not approximate any conclusion possible…

1Opinion of the CourtMcCLELLAN, J.

Ejectment, instituted by appellee against appellant. Judgment for plaintiff on trial without jury.

[1] Under the provisions of the act approved September 25, 1915 (Gen. Acts, p. 824) no exception is necessary to effect the right to review on appeal the finding of fact by the court trying a civil case without jury. There is no inconsistency between the mentioned provisions and any provision of the act approved September 28, 1915 (Acts, pp. 939-41).

[2] The failure of the bill of exceptions to disclose exceptions reserved to rulings on evidence adversei to the appellant (defendant) forbids any…

2Cases cited4 opinions

  1. Andrews v. FriersonSupreme Court of Alabama · 1905
  2. Holcombe Bowden v. ReynoldsSupreme Court of Alabama · 1917
  3. Kerr v. NicholasSupreme Court of Alabama · 1889
  4. Hollinger v. SmithSupreme Court of Alabama · 1842

3Cited by7 opinions

  1. Obear-Nester Glass Co. v. Mobile Drug Co.Supreme Court of Alabama · 1922
  2. Sims v. SimsSupreme Court of Alabama · 1961
  3. Self v. SelfSupreme Court of Alabama · 1925
  4. Anderson v. StateAlabama Court of Appeals · 1921
  5. M. Hohenberg & Co. v. HendrixSupreme Court of Alabama · 1924

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API