36 Ala. 582
Decided June 15, 1860
Supreme Court of Alabama · decided 1860-06-15
Tried before the Hon. Alex. McKinstry. This action was brought by the appellant, and was commenced in a justice’s court. The cause of action endorsed on the justice’s summons was, “Unlawful entry and detainer;” while the complaint was for a forcible entry and detainer.
Decided 1860-06-15
¶1We think the city court erred in rejecting the complaint, because of a variance between it and the justice’s endorsement on the summons of the cause of action. Proceedings such as this are triable anew, without regard to any defect in the proceedings before the justice. — Code, §2864.
¶2Reversed and remanded.