Johnson v. Miller
| Citation | 161 Ala. 632,49 So. 858 |
| Parties | JOHNSON v. MILLER. |
| Decision Date | 24 May 1909 |
| Court | Supreme Court of Alabama |
Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge.
Action by J. M. Miller against W. R. Johnson. Judgment for plaintiff, and defendant appeals. Affirmed.
Leith & Gunn, for appellant.
L. D. Gray, for appellee.
This action of unlawful detainer was brought by the appellee against the appellant in the justice of the peace court, where a judgment was rendered against the defendant, whence the case was removed to the law and equity court by certiorari, where it was tried de novo. The property having been delivered up, judgment was rendered by the court without a jury against the defendant for the costs.
The court made a special finding of the facts, to the effect that there was a termination of the defendant's possessory interest by agreement September 1, 1905, and that the defendant was in the wrongful possession of the property at the commencement of the suit. The only assignments of error are to the action of the court in so finding and in rendering judgment for the plaintiff.
While there is some conflict in the testimoney, yet the finding of the court is based upon evidence justifying such finding, and will not be disturbed by this court. This being the case, there was no necessity for any notice to terminate the tenancy, and the judgment of the court is without error.
The judgment of the court is affirmed.
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Garrett v. Reid
... ... 31, § ... 5. If the defendant is wrongfully in possession, notice was ... held not to be required. Johnson v. Miller, 161 Ala ... 632, 49 So. 858 ... The ... provisions of Code 1940, T. 31, § 35 et seq. (Acts 1932, ... Ex.Sess., p. 164) ... ...
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Moss v. Hall, 6 Div. 182.
... ... in finding that on January 1, 1943, the term of the lease had ... expired. Upon this question the case of Johnson v ... Miller, 161 Ala. 632, 49 So. 858, is much in point ... Perhaps the testimony of the defendant Moss may be construed ... as tending to ... ...
- Hooper v. J.H. & W.B. Bankhead