Patrick v. Petty
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This action was brought by J. M. Patrick, as administrator of the estate of Mrs. Martha Yeargin, deceased, against Thomas "W. Petty, and was commenced on the'6th June, 1885. The action was founded on the defendant’s promissory note, or writing obligatory, for $150, which was dated August 11th, 1883, and payable December 11th, 1884, “to Martha Yeargin or bearer, for rent on [of?] her entire farm for…
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. John B. Tally. This action was brought by J. M. Patrick, as administrator of the estate of Mrs. Martha Yeargin, deceased, against Thomas "W. Petty, and was commenced on the'6th June, 1885. The action was founded on the defendant’s promissory note, or writing obligatory, for $150, which was dated August 11th, 1883, and payable December 11th, 1884, “to Martha Yeargin or bearer, for rent on [of?] her entire farm for the year 1884;” and some of the common counts were also added. The defendant pleaded, 1st, payment; 2d, set-off, “in…
1Opinion of the CourtStone, C. J.
There were several rulings in this case which render a reversal necessary, but we do not propose to consider them in detail. We will declare the principles governing the questions raised, which will furnish a sufficient guide on another trial.
Set-off, in its nature, is a cross action, and is governed by the rules which pertain to a suit on a moneyed demand. There are exceptions, one of which is, that the statute of limitations is no defense to such plea, or cross action, where the claim offered to be set off “was a legal subsisting claim at the time the right of action accrued to the…
2Cases cited5 opinions
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Bell's Adm'r v. AndrewsSupreme Court of Alabama · 1859
- Board for the Assessment of the Property of Railroad Companies v. Alabama Central RailroadSupreme Court of Alabama · 1877
- Givhan v. Dailey's Admr'xSupreme Court of Alabama · 1842
- McNair v. CooperSupreme Court of Alabama · 1843
3Cited by19 opinions
- Conner & Wife v. SmithSupreme Court of Alabama · 1889
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Walsh v. WalshSupreme Court of Alabama · 1935
- Van Ness v. . KenyonNew York Court of Appeals · 1913
- Motley v. BattleSupreme Court of Alabama · 1979
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