Shaw v. Yarbrough
Supreme Court of Alabama
Error to the County Court Gf Sumter. THIS was an action of assumpsit brought in the Court below, by the plaintiff it) error, against the defendant, op an open account. To a declaration in the usual form, the defendant pleaded as an off-set, an open account due from the plaintiff to him, to which plea the plaintiff replied, that the account pleaded as an off-set, did not accrue within three years, &c., upon which replication iss.ue was joined.
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Error to the County Court Gf Sumter. THIS was an action of assumpsit brought in the Court below, by the plaintiff it) error, against the defendant, op an open account. To a declaration in the usual form, the defendant pleaded as an off-set, an open account due from the plaintiff to him, to which plea the plaintiff replied, that the account pleaded as an off-set, did not accrue within three years, &c., upon which replication iss.ue was joined. From a bill of exceptions taken at the trial, it appears that the account of the plaintiff against the defendant, was a book account, created in 1835,…
1Opinion of the CourtOrmond, J.
The issue presented to the jury was, whether the account pleaded as a set-off, accrued within three years before the commencement of the suit. The justice of the account was a matter the jury had nothing to do with, and the charge of the Court was clearly wrong. It is supposed by the counsel for the plaintiff in error,- that the exception of the statute in favor of dealing between merchant and merchant, will justify the charge of the Court, but nothing of that kind appears on the record. If such was the fact, it should have been relied on in the replication to-the plea.
The right to plead the…
2Cited by2 opinions
- Harwell v. SteelSupreme Court of Alabama · 1850
- Pacific Improvement Co. v. MaxwellCalifornia Court of Appeal · 1915