Rood v. Eslava
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried befare the Hon.'John Bragg. Ti-iis was a case of unlawful detained originally commenced by Eslava and others against Rood, before a justice of the peace in Mobile county. Judgment was rendered by the justice in favor of Eslava. Rood then took the case by certiorari to the County Court of Mobile.
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Error to the Circuit Court of Mobile. Tried befare the Hon.'John Bragg. Ti-iis was a case of unlawful detained originally commenced by Eslava and others against Rood, before a justice of the peace in Mobile county. Judgment was rendered by the justice in favor of Eslava. Rood then took the case by certiorari to the County Court of Mobile. That court reversed the judgment of the justice of the peace, and from that judgment of reversal Eslava sued out a writ of error to the Supreme Court. The Supreme Court at its June term 1847, reversed the judgment of the County Court of Mobile and remanded…
1Opinion of the CourtChilton, J.
This was -an action .of unlawful detainer *433brought by the defendants in error against the plaintiff in error, in December 1845, to recover possession of an eighty acre tract of land described in the complaint made before the justice of the peace before whom it was tried. A recovery of the land was had before the justice-on the 22d Dec. 1845. On the 6th January 1S46, a certiorari was awarded by the county judge and the proceedings had before the justice were removed to the County Court of Mobile, which court at the February term 1847, reversed the judgment of the justice of the peace. The…
2Cases cited2 opinions
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
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