Bice v. Hendrix

HARWOOD, Justice.

Proceedings were brought under the provisions of Secs. 35-45 of Title 31, Code of Alabama 1940, for the possession of property wrongfully withheld and were originally instituted in the Justice Court of W. • Marvin Scott, Justice of the Peace in Precinct 1, Cullman County.

It appears that in the Justice Court, upon the filing of the complaint by the appellee here, a writ was issued to Mr. and Mrs. Guy Bice notifying them to deliver up possession of the premises within three days.

The writ was served upon the Bices by the Sheriff on 10 April 1962.

On 12 April 1962, a paper was…