Jonsen v. Nabring
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by Henry Nabring, against Carien Jonsen, and was commenced before a justice of the peace, on the 10th day of September, 1872. The complaint was in the usual form of an action of unlawful detainer, with these additional averments: That the lands sued for were sold by the sheriff of Mobile, on the 7th day of February, 1870, under execution against the plaintiff, and were bought…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. John Elliott. This action was brought by Henry Nabring, against Carien Jonsen, and was commenced before a justice of the peace, on the 10th day of September, 1872. The complaint was in the usual form of an action of unlawful detainer, with these additional averments: That the lands sued for were sold by the sheriff of Mobile, on the 7th day of February, 1870, under execution against the plaintiff, and were bought at the sale by B. B. Cox, at the price of $100 ; that said Cox, “ soon after said sale, went into the possession of…
1Opinion of the CourtPeters, C. J.
The court below ought not to have entertained any demurrer in that court. In such actions as this, it was long ago settled in this court, that no objections will be allowed in the appellate court to the complaint, in a proceeding for an unlawful detainer, which were not made before the justice, if the complaint is not so defective in substance, that no judgment can be rendered for any particular premises. Hilliard v. Carr Ketchum, 6 Ala. 557; Snoddy v. Watt, 9 Ala. 609. Then, only the demurrer interposed on the hearing before the justice of the peace can be considered in the circuit court, or…
2Cases cited3 opinions
- Spear & Thomasson v. LomaxSupreme Court of Alabama · 1868
- Hilliard v. CarrSupreme Court of Alabama · 1844
- Snoddy v. WattSupreme Court of Alabama · 1846
3Cited by2 opinions
- Leet v. ArmbrusterCalifornia Supreme Court · 1904
- Alexander v. CaldwellSupreme Court of Alabama · 1878