Martin v. Hill
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This was an action by Martin against Hill for $200 rent of a house in the city of Montgomery. The complaint alleges, that defendant rented of plaintiff his house at $800, for the year, from 1st October, 1865 ; and that this sum was due for the first quarter. Defendant pleaded the general issue, and among other pleas, the following: “5th.
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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This was an action by Martin against Hill for $200 rent of a house in the city of Montgomery. The complaint alleges, that defendant rented of plaintiff his house at $800, for the year, from 1st October, 1865 ; and that this sum was due for the first quarter. Defendant pleaded the general issue, and among other pleas, the following: “5th. That plaintiff was indebted to the defendant in the further sum of $500 for the breach of a contract, entered into between the plaintiff and defendant heretofore, to-wit, &c., by…
1Opinion of the CourtBybd, J.
1. The bill of exceptions recites that “thi& suit was to recover the first payment of two hundred dollars due on the 1st day of January, 1866.” The summons was issued on the 14th April, 1866. From the evidence, it appears that the appellant rented to the appellee a house and lot from the first day of October, 1865, to the first day of October, 1866, for the sum of eight hundred dollars, payable quarterly. It would seem, therefore, that two quarters rent was due when the suit was brought. There were five pleas, and the appellant took issue on all but the fifth, and to that he demurred, but did…
2Cases cited8 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Fowler v. ArmourSupreme Court of Alabama · 1854
- Chicago & Rock Island Rail Road v. WardIllinois Supreme Court · 1855
- Hill v. BishopSupreme Court of Alabama · 1841
- Davis v. AyresSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- McLarty v. WrightCourt of Civil Appeals of Alabama · 1975
- McAdory v. StateSupreme Court of Alabama · 1877
- Kriewitz v. Savoy Heating and Air Conditioning Co.Supreme Court of Alabama · 1981
- Harralson & Co. v. SteinSupreme Court of Alabama · 1874
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