42 Ala. 368
Decided January 15, 1868
Supreme Court of Alabama · decided 1868-01-15
Tried before the Hon. John Moore. This was an action of unlawful detainer, brought by the appellant against the appellee, and was commenced in a justice’s court on the 28th October, 1861. The justice gave judgment for the plaintiff, and defendant appealed to the circuit court, when, upon a new trial, judgment was rendered for the defendant.
Cited by 1 later decisions — most recently June 1872
1 state decisions
Relies on Pettit's Adm'r v. Pettit's Distributees
Good law ✅— No negative treatment on recordhow we know
Decided 1868-01-15
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¶1We suppose the instruction to the jury was predicated upon the idea, that there was no evidence of the relation of landlord and tenant. We think there was evidence upon that subject which should have been left to the jury. — Rainey v. Capps, 32 Ala. 288.
¶2Reversed and remanded.