Legal Opinion

Victor Realty Co. v. Argumanian

Supreme Court of Alabama

Decided May 30, 1911PublishedCited by 2 opinions

Forcible Entry and Detainer. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Forcible entry and detainer by the Victor Realty Company against Charles Argumanian and others. Judgment for defendants and plaintiffs appeal. Counsel discuss the assignments of error relative to the admission and exclusion of evidence but without citation of authority. The plaintiff was entitled to a judgment under the facts.- — Knowles v. Ogletree, 96 Ala.

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Forcible Entry and Detainer. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Forcible entry and detainer by the Victor Realty Company against Charles Argumanian and others. Judgment for defendants and plaintiffs appeal. Counsel discuss the assignments of error relative to the admission and exclusion of evidence but without citation of authority. The plaintiff was entitled to a judgment under the facts.- — Knowles v. Ogletree, 96 Ala. The court' should have granted the motion for a new trial. —Ene. P. & P., 722. Being a tenant appellee was entitled to a ten day’s demand. —…

1Opinion of the CourtSayre, J.

The complaint filed by appellant with the inferior court of Birmingham, exercising the jurisdiction of justices of the peace, followed exactly the Code form for complaints in unlawful detainer. After the case had been removed into the city court of Birmingham by statutory certiorari, the complaint was amended by the addition of counts 2 and 3. These were counts in forcible entry and detainer. No point was reserved against the propriety of the amendment by specific objection taken at the time. Afterwards demurrer to count 2 was sustained. Count 3 was based upon the last clause of section 4262…

2Cases cited3 opinions

  1. Farley v. Bay Shell Road Co.Supreme Court of Alabama · 1899
  2. Knowles v. OgletreeSupreme Court of Alabama · 1893
  3. Self v. ComerSupreme Court of Alabama · 1910

3Cited by2 opinions

  1. Jefferson County v. ParkerSupreme Court of Alabama · 1924
  2. Phillips v. Birmingham Industrial Co.Supreme Court of Alabama · 1913

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