Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 205

Reports of Cases Argued and Determined in the Supreme Court of Alabama Volume 205

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...a lease and all papers and notices relating to its termination and repossession of premises. 5. Justices of the peace (c)=36(7)--Justice court has jurisdiction, where landlord has terminated lease by his option. To detain rented property after the right to possess it has been terminated, in whatever manner, even if at landlord's option, the owner having duly demanded surrender, is an unlawful detainer, within the terms of Code 1907, 4263, and a justice of the peace has jurisdiction of such action. 6. Justices of the peace (c)=36(7) '--Difficult questions do not deprive justice of the peace of jurisdiction of unlawful detainer. That landlord's unlawful detainer action against tenant may involve difficult questions of contractual interpretation and construction, not presented in cases of automatic termination of lease, is no reason for denying the remedy by a proceeding in a justice's court, since the right of appeal and trial de novo is a sufficient insurance against the incapacity of the justice to understand and determine them correctly. 7. Justices of the peace, c=58(2)--Office records need not show venue in unlawful detainer action. In proceedings before a justice of the peace, while his office records must show jurisdiction of the subject-matter and also of the person or thing, such requirement does not include a showing as to mere territorial jurisdiction or venue in a proceeding for unlawful detainer. 8. Justices of the peace (c)=72--Defendant's failure to plead objection to venue waives objection. Although, under Code 1907, g 4260, unlawful detainer actions are cognizable before justices of the pece "of the county in which the offense is committed," section 4267 fixes the venue of such actions in justishow more

Product details

  • Paperback
  • 189 x 246 x 35mm | 1,197g
  • English
  • Illustrations, black and white
  • 1236836170
  • 9781236836175