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150 Ala. 440

Hatch. v. Varner

Supreme Court of Alabama

Decided April 4, 1907

Supreme Court of Alabama · decided 1907-04-04

Heard before Hon. John Moore. . Action for damages for entering upon leaded premises and interfering with sub-tenants of lessee, .begun by J. M. Varner against V. A. Hatch. From a judgment for plaintiff, defendant appeals.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1907-04-04

How this case has been cited

Cited by 5 later decisions — most recently September 1958

5 state decisions

30190719101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MC’CLELLAN, J.

¶1The appellee instituted this action for damages, against appellant. The trial Avas had on count 2 of the amended complaint to Avhich the general issue Avas pleaded. The original count, and the special pleas filed by defendant, all fell under rulings of the court. Count 2 conjunctively alleges that the entry of defendant or her agents on the premises Avas intentional. and Avrongful and that the subtenants named in the count were notified of defendant’s claim of a breach of the contract of rental, and Avere Avarned not to pay plaintiff their rents or deliver their crops to him. There-is an entire absence of testimony in this record tending to show any such entry by defendant or her agents. On the contrary, the only agent whose entry on the place is show Aras that of McDaniel, who, it appears, was there in obedience to the express invitation and solicitation of the plaintiff — the very opposite of a wrongful entry. The failure to support the material allegation indicated required the giving of the affirmative charge requested by the defendant, and its refusal Avas errer.

¶2It is unnecessary to consider the other errors assigned. For the error stated, the judgment is reversed,, and the cause is remanded.

¶3ReArersed and remanded.

' Tyson, C. J., and Doavdell and Anderson, JJ., concur.
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