In re Bradley

Citations

• 225 F. 307
• 1915 U.S. Dist. LEXIS 1257

Syllabus

<p>1. Landlord and Tenant <§=>103, 199%—Liability for Rent—“Saloon.”</p> <p>A lease of promises, made when it was lawful to sell intoxicants, to be occupied and used only for the purposes of a saloon, which were in fact used for the sale of nonintoxieants, cigars, and tobacco, was not terminated by a subsequent law prohibiting the sale of intoxicants, as the word “saloon” includes a place for the sale of nonintoxieants as well as intoxicants; and, as the destruction of the leased, premises was partial and not total, there was no remission or apportionment of rent.</p> <p>JEd. Note.—For other cases, see Landlord and Tenant, Cent. Dig. §§ 329, 330, 701; Dec. Dig. <§=>103, 199%.</p> <p>For other definitions, see Words and Phrases, First and Second Series, Saloon.]</p> <p>2. Courts ©=»:>60—United States Courts—Decisions oe State Courts.</p> <p>Where a lease of premises for use only as a saloon was executed after decisions of the Alabama court of last resort that the prohibition law did not forbid the sale of nonintoxieants upon such premises and that their sale did not release the tenant from rent, such decisions should be followed by tlie United States District Court in bankruptcy in determining the tenant’s liability for rent.</p> <p>¡Ed. Note.—For other cases, see Courts, Gent. Dig. §§ 954r-957, 960-968; Dec. Dig. <2=>300.]</p> <p>©MsVor other casos see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Attachment <©=>161—Levy—Possession of Premises.</p> <p>A sheriff levying upon personal property has the right to the temporary possession of the premises long enough for him, in the exercise of reasonable diligence, to inventory and remove for storage the property levied upon.</p> <p>[Ed. Note.—For other cases, see Attachment, Gent. Dig. §§ 457-459; Dec. Dig. <©=>161.]</p> <p>4. Landlord and Tenant <©=>190—Eviction—Levy of Attachment.</p> <p>An attachment and levy in aid of the collection of rent under which, the sheriff, after the filing of a pet