Kennedy v. Hitchcock
Supreme Court of Alabama
In this case, Henry Hitchcock, who sued for the use of Thadeus Sanford, exhibited his complaint for unlawful detainer, against the plaintiff in error, before a justice of the peace, of Mobile county, and obtained a judgment upon verdict of a Jury.
Read the full summary
In this case, Henry Hitchcock, who sued for the use of Thadeus Sanford, exhibited his complaint for unlawful detainer, against the plaintiff in error, before a justice of the peace, of Mobile county, and obtained a judgment upon verdict of a Jury. Upon the trial, a notice and demand of the premises were produced, purporting to have been made in the name of “ T. Sanford,” — which the said Kennedy objected to, as not in conformity with the requisites of the law; but the Court overruled the objection, and admitted the demand and notice, as proper. The case was taken by Kennedy, by certiorari,…
1Opinion of the CourtHopkins, J.
— The only question, which it is necessary to determine in this case, is, whether the de*231mand and notice required by the statute, and which was given in the name of Sanford, for whose use Hitchcock sued out the precept for an unlawful de-tainer against the plaintiff in error, was evidence upon the trial by the jury'? it was admitted as testimony against the objection of Kennedy.
The demand of the delivery of possession, must be made by the person, his agent, or attorney,- entitled to the writ of unlawful detainer, before it issues, and that it was so made, must be proved upon the trial. In this…
2Cited by5 opinions
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Bradford v. MarburySupreme Court of Alabama · 1847
- Greenwood v. BennettSupreme Court of Alabama · 1922
- Whaley v. WynnSupreme Court of Alabama · 1922
- Shepherd v. ParkerSupreme Court of Alabama · 1908