Self v. Comer
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Action by J. W. Self against L. C. Comer in unlawful detainer, commenced in a justice court and removed upon application of the defendant to the Circuit Court as provided by sections 4283-84-85, Code 1907. Judgment for defendant and plaintiff appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Ray. Action by J. W. Self against L. C. Comer in unlawful detainer, commenced in a justice court and removed upon application of the defendant to the Circuit Court as provided by sections 4283-84-85, Code 1907. Judgment for defendant and plaintiff appeals. The court erred in admitting the deed from Pierce to Self. — Arrington v. Sew. & W. R. R. Go., 95 Ala. 437. The omission of requisites is defensive matter. — Nelson v. Hubbard, 96 Ala. 238. The court erred in not permitting plaintiff to amend his complaint as requested. — Down v.…
1Opinion of the CourtSayre, J.
The statute (section 4283 et seq. of the Code) authorizes the removal of any suit for forcible entry and detainer or unlawful entry and detainer into-the circuit court where the title may be tried. The language of the statute aptly describes only causes arising under section 4262 which gives a remedy for forcible entry and. detainer. The last clause of section 4262, added by amendment in -the year 1879 (Acts 1878-79, p. 49), extends the .remedy of forcible entry and de*70tainer to cases in which there was a peaceable entry, •and then, by unlawful refusal, or by force or threats, a turning or…
2Cases cited1 opinion
- Knowles v. OgletreeSupreme Court of Alabama · 1893
3Cited by8 opinions
- Jefferson County v. ParkerSupreme Court of Alabama · 1924
- Ex parte EdwardsSupreme Court of Alabama · 1916
- Ex Parte LockhartSupreme Court of Alabama · 1932
- Victor Realty Co. v. ArgumanianSupreme Court of Alabama · 1911
- Farned v. CleereSupreme Court of Alabama · 1932
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