King v. Bolling
Supreme Court of Alabama
Action for Unlawful Detainer of Lands. Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprout. This action was brought by Robert E. Bolling, against Mrs. M. E. King, to recover the possession of a house and lot in the town of Calera, which, as the complaint alleged, the plaintiff had leased to the defendant for a term ending on the 10th January, 1882; and was commenced, before a justice of the peace, on the 21st February, 1882. On appeal to the Circuit…
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Action for Unlawful Detainer of Lands. Appeal from the Circuit Court of Shelby. Tried before the Hon. S. H. Sprout. This action was brought by Robert E. Bolling, against Mrs. M. E. King, to recover the possession of a house and lot in the town of Calera, which, as the complaint alleged, the plaintiff had leased to the defendant for a term ending on the 10th January, 1882; and was commenced, before a justice of the peace, on the 21st February, 1882. On appeal to the Circuit Court, ■sued out by the defendant, the cause was tried on issue joined on the pleas of not guilty, uninterrupted…
1Opinion of the CourtSomeeyille, J.
In Dumas v. Hunter, 30 Ala. 75, it was decided that secondary evidence of the written demand and notice, required by the statute to the maintenance of an action of. unlawful detainer, is inadmissible, without first laying a proper predicate for its introduction, by proof of notice to the defendant to produce. It was placed upon the ground, that the law required such notice to be in writing, and it constituted a precedent fact necessary to be proved before the action could be maintained. — Code, 1876, §§ 3697, 3700. While there is some doubt in our minds as to whether this ruling harmonizes…
2Cases cited2 opinions
- Beck v. GlennSupreme Court of Alabama · 1881
- Dumas v. HunterSupreme Court of Alabama · 1857
3Cited by3 opinions
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Barefoot v. WallSupreme Court of Alabama · 1895
- Lipscomb v. MooreSupreme Court of Alabama · 1934