Reynolds v. Harris

Supreme Court of Alabama

Reynolds v. Harris

62 Ala. 415

CourtSupreme Court of Alabama

DecidedDecember 15, 1878

StatusPublished

Cited by2 cases

This text of 62 Ala. 415 (Reynolds v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reynolds v. Harris, 62 Ala. 415 (Ala. 1878).

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Opinion

BRICKELL, C. J.

On appeal from the judgment of a justice of the peace in a proceeding for unlawful detainer or forcible entry and detainer, the statute is express that “ the cause must be tried anew without regard to any defect in the proceedings before the justice.” A trial on the merits in the Circuit Court, as if the cause had been originally and regularly instituted in that court, the statute intends to secure. The-proceedings before the justice were irregular, but into that irregularity the Circuit Court properly refused to enquire, or to entertain any motion based upon it.

Let the judgment be affirmed.

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BRICKELL, C. J.

On appeal from the judgment of a justice of the peace in a proceeding for unlawful detainer or forcible entry and detainer, the statute is express that “ the cause must be tried anew without regard to any defect in the proceedings before the justice.” A trial on the merits in the Circuit Court, as if the cause had been originally and regularly instituted in that court, the statute intends to secure. The-proceedings before the justice were irregular, but into that irregularity the Circuit Court properly refused to enquire, or to entertain any motion based upon it.

Let the judgment be affirmed.

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Bluebook (online)

62 Ala. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-harris-ala-1878.

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