Lomax v. Spear & Thomason
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Caroline Lomax against Spear & Thomason as partners, to recover the possession of a storehouse in Montgomery, which the defendants had rented from the plantiff, and held over after the expiration of their term ; and was commenced before a justice of the peace, in October, 1865. The justice rendered judgment for the plaintiff, and the defendants carried the case…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Caroline Lomax against Spear & Thomason as partners, to recover the possession of a storehouse in Montgomery, which the defendants had rented from the plantiff, and held over after the expiration of their term ; and was commenced before a justice of the peace, in October, 1865. The justice rendered judgment for the plaintiff, and the defendants carried the case by appeal to the circuit court, but did not supersede the judgment. In the circuit court, at its June term, 1872, the…
1DissentB. F. Saffold, J.
(dissenting). — At this term, it was first decided in this case, that the damages recoverable from a tenant, holding over after the termination of his lease, and demand for possession, in an action of unlawful detainer, apart from the judgment of restitution of the property, is provable against his estate in bankruptcy, and therefore barred by his discharge. On a second application for rehearing, this ruling has been set aside, and a judgment is rendered to the contrary. I dissent from this latter judgment, and reassert the correctness of the former, for the following reasons : —
The appellant…
2Cases cited1 opinion
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