78 So. 849 | Ala. | 1918
This is an action of unlawful detainer, and the statute (section 4271 of the Code of 1907) expressly provides that the state or merits of the title cannot be inquired into. Hill v. Harris,
The trial court did not err in so much of the oral charge as was excepted to by the appellant. The plaintiff was entitled to recover the value of the rent pending the appeal. Section 4282 of the Code of 1907. Nor was there error of which the appellant can complain as to the instruction to find $100 for the detention. Section 4273 fixes the damages for the detention at double the amount of the annual rent agreed upon by the parties. The agreed rent, under the lease, was $100 per year, and the amount named by the court and found by the jury was less than double the amount of same.
The case of Griffin v. Dauphin,
There was no error in overruling the objection to the question to the witness Whitmeyer if he as his mother's agent made the demand. In the first place, we are not prepared to say that he could not have testified that he was his mother's agent without detailing the contract. Nor was this the establishment of the agency by a declaration; it was by direct evidence on the witness stand. Moreover, if there was error in this respect, it was error without injury. It was agreed in open court that there was no question about the notices being received by the defendant, and plaintiff's witness testified defendant admitted during the trial in the inferior court "that he received all the notices required in the matter and did not set up any defense that he did not get them," and this was not denied, notwithstanding the defendant testified in the case.
The judgment of the circuit court is affirmed.
Affirmed.
McCLELLAN, SAYRE, and GARDNER, JJ., concur.