Posey v. Decatur Bank
Supreme Court of Alabama
Error to the County Court of Lauderdale. The plaintiff below, declared against the defendants, on a bill of exchange, dated 29th August, 1838, due at nine months, drawn by P. F. Pearson, directed to Kirkman, Abernathy & Hanna, New Orleans, indorsed by Donelson and the defendant’s testator, and accepted by the drawees. The declaration contains several special counts on the bill, describing it as drawn in sets, the first and second.
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Error to the County Court of Lauderdale. The plaintiff below, declared against the defendants, on a bill of exchange, dated 29th August, 1838, due at nine months, drawn by P. F. Pearson, directed to Kirkman, Abernathy & Hanna, New Orleans, indorsed by Donelson and the defendant’s testator, and accepted by the drawees. The declaration contains several special counts on the bill, describing it as drawn in sets, the first and second. The defendants pleaded several pleas — the general issue — the statute of limitations of six years — and that the plaintiff* did not present said claim to the…
1Opinion of the CourtDargan, J.
The first question arises on the state of the pleadings.
The defendants pleaded the statute of limitations of six years. The plaintiff replied the death of the testator in January, 1841 — the grant of letters testamentary to the defendants on the 25th January, 1841 — and that deducting the six months after the grant of letters to the defendants, during which they could not be sued, the cause of action has not accrued within six years previous to the issuance of the writ. *814To which replication there was a demurrer, and it was overruled. This brings up the question, whether the six months, after…
2Cases cited9 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Moore v. PaineNew York Supreme Court · 1834
- Rowley v. BallNew York Supreme Court · 1824
- Garrow v. CarpenterSupreme Court of Alabama · 1835
- Stephenson v. PrimroseSupreme Court of Alabama · 1838
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3Cited by13 opinions
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Smith v. FellowsSupreme Court of Alabama · 1877
- Corbitt v. ReynoldsSupreme Court of Alabama · 1880
- Watson v. HamiltonSupreme Court of Alabama · 1923
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
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