Crawford v. Crawford
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. J. W. Foster. Tiie appellee sued t'he appellants on a garnishment bond executed in an ancillary garnishment proceeding in aid of a pending suit. The defendants pleaded the statute of limitations of three years. The plaintiff demurred to the plea on the ground that such action was not barred by the statute of limitation of three years.
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Appeal from Henry Circuit Court. Tried before Hon. J. W. Foster. Tiie appellee sued t'he appellants on a garnishment bond executed in an ancillary garnishment proceeding in aid of a pending suit. The defendants pleaded the statute of limitations of three years. The plaintiff demurred to the plea on the ground that such action was not barred by the statute of limitation of three years. The appeal seeks to review the ruling of the court sustaining the demurrer. cited, Jasper Mercantile Go. v. O’Rear, 112 Ala. 247.
1Opinion of the CourtMcCLELLAN, J.
Defendants filed .a plea of the statute of limitations of three years. Plaintiff demurred to the plea. It is claimed that the court sustained this demurrer, and that supposed action is alone assigned as error here. But there is no judgment of the circuit court sustaining the demurrer to be found in the record before us. What purports to be a judgment entry is set out in the transcript. So far as it has any relation to the complaint, plea, or demurrer, its language is this: “Plaintiffs ask leave to file an amended complaint, which was granted by the court. The defendant pleads thereto.…
2Cases cited1 opinion
- Jasper Mercantile Co. v. O'RearSupreme Court of Alabama · 1895
3Cited by6 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1901
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Mangham v. ManghamSupreme Court of Alabama · 1955
- Gulf Red Cedar Co. v. WalkerSupreme Court of Alabama · 1902
- Richter v. Koopman & GerdesSupreme Court of Alabama · 1901
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