Wise v. Falkner
Supreme Court of Alabama
Appeal from Circuit Court of Coffee- Tried before Hon. J. McCaleb Wiley. The facts are sufficiently stated in the opinion.
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Appeal from Circuit Court of Coffee- Tried before Hon. J. McCaleb Wiley. The facts are sufficiently stated in the opinion. That the account sued on by appellant was obviously not an open account within the statute of limitations, and therefore was not governed by the statute of limitations of three years. — Many v. Mason, 8 Port. 230; Shepherd v. Wilkins, 1 Ala. 62 ; Caruthers & Kinkle v. Mardis, 3 Ala. 599 ; Mims v. Sturtevant, 18 Ala. 359; Bradford v. Barclay and Wife, 39 Ala. 33. The statute of limitations did not begin to run against the account until the 25th of September, 1865. —…
1Opinion of the CourtPeters, J.
This is an action of assumpsit founded on a verbal contract for the rent of a saw and grist mill for one year. The sum agreed to be paidffell due in January, in the year 1862. The suit was commenced on May 6th, 1867.
On .the trial, it was shown that the defendant rented the plaintiff’s saw and grist mill, in Ooffee county, in this State, for the year 1861, either at the sum of three hundred and twenty-five dollars, or at the sum of- twenty-five dollars a month. On this, the court charged the jury that the action was barred by the statute of limitations of three years. This was error. The…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Coleman v. HolmesSupreme Court of Alabama · 1870
3Cited by3 opinions
- Bobby S. Brown v. State Farm Mutual Automobile Casualty Insurance CompanyCourt of Appeals for the Fifth Circuit · 1975
- Roman v. Montgomery Iron WorksSupreme Court of Alabama · 1908
- Wise v. FalknerSupreme Court of Alabama · 1874