Lykes v. Schwarz
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Mary A. Lykes, against Louis L. Schwarz, and was commenced before a justice of the peace, on the 2d October, 1889. The complaint sought to recover possession of a house and lot in Birmingham, which the plaintiff had leased to the defendant for the term of one year, ending the 1st October, 1889, and which he failed or refused to surrender on the day his term expired;…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Mary A. Lykes, against Louis L. Schwarz, and was commenced before a justice of the peace, on the 2d October, 1889. The complaint sought to recover possession of a house and lot in Birmingham, which the plaintiff had leased to the defendant for the term of one year, ending the 1st October, 1889, and which he failed or refused to surrender on the day his term expired; and it also claimed $1,200 as damages, alleging that the agreed rent was $50 per month, or $600 per annum. The justice…
1Opinion of the CourtStone, C. J.
-The plaintiff in the court below is the ap-
pellant in this case, and she complains that by the judgment of the City Court her recovery was less than it should have been.
In Ullman v. Herzberg, at the present term, ante p. 458, we had occasion to interpret section 3$91 of the Code of 1886. Our interpretation of that statute was, that when a tenant, who had entered under a contract Of lease, forcibly or unlawfully retained the possession after the expiration of the agreed term, or refused to surrender the possession on written demand, he thereby rendered himself liable, literally, for double…
2Cases cited2 opinions
- Oliver v. HoltSupreme Court of Alabama · 1847
- Davis v. BedsoleSupreme Court of Alabama · 1881
3Cited by11 opinions
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- H. G. Hill Co. v. TaylorSupreme Court of Alabama · 1937
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