Waugh v. Ridgeway
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore. This was an action of unlawful detainer, brought by the appellant against the appellee, and was commenced in a justice’s court on the 28th October, 1861. The justice gave judgment for the plaintiff, and defendant appealed to the circuit court, when, upon a new trial, judgment was rendered for the defendant.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore. This was an action of unlawful detainer, brought by the appellant against the appellee, and was commenced in a justice’s court on the 28th October, 1861. The justice gave judgment for the plaintiff, and defendant appealed to the circuit court, when, upon a new trial, judgment was rendered for the defendant. As the bill of exceptions states, “the plaintiff proved, that prior to, the possession of the property by the defendant, the plaintiff was in the actual possession of the premises sued for; that the said lot, as…
1Opinion of the CourtA. J. Walker, C. J.
We suppose the instruction to the jury was predicated upon the idea, that there was no evidence of the relation of landlord and tenant. We think there was evidence upon that subject which should have been left to the jury. — Rainey v. Capps, 32 Ala. 288.
Reversed and remanded.
Byrd, J., not sitting.
2Cases cited1 opinion
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
3Cited by1 opinion
- Bates v. RidgewaySupreme Court of Alabama · 1872