Watson v. Dale
Supreme Court of Alabama
Error from Dallas Circuit Court — Before the Hon. Reuben Saffold. This was an action of assumpsit; to recover the amount of ® promissory note. Among other pleas, the defendant pleaded the statute of limitations. To this plea, the plaintiff filed his replication, alleging that the defendant was for a long time, to wit, one year of tha six years next before the commencement of the suit, absent from the state.
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Error from Dallas Circuit Court — Before the Hon. Reuben Saffold. This was an action of assumpsit; to recover the amount of ® promissory note. Among other pleas, the defendant pleaded the statute of limitations. To this plea, the plaintiff filed his replication, alleging that the defendant was for a long time, to wit, one year of tha six years next before the commencement of the suit, absent from the state. A verdict was rendered for defendant, and the plaintiff took a bill of exceptions — which shows, that on the trial of this cause, the plaintiff offered in evidence a note, drawn by…
1Opinion of the Court
By Mr. Chief Justice Lipscomb :
This action was brought on a note of hand, made by the defendant, Dale, to N. Shackleford, or bearer, due the 1st of January, 1819. A credit is indorsed on the note, dated 15th *249May, 1819. The plaintiff, as bearer of the note, commenced suit on the 3d day of June, 1825. The defendant among other pleas, pleaded the statute of limitation. To which plea" the plaintiff replied, that the defendant had, after the maturity of the note, been absent from, and out of the state, a long time, to wit, one year. On this special replication, issue was joined, and there was a…
2Cited by5 opinions
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- Harwood v. HarperSupreme Court of Alabama · 1875
- Knight v. ClementsSupreme Court of Alabama · 1871
- Curtis v. DaughdrillSupreme Court of Alabama · 1882
- Alston v. State BankSupreme Court of Arkansas · 1849