Snedicor v. Davis
Supreme Court of Alabama
Error to the Circuit Court of Greene. Tried before the Hon. John D. Phelan. This was an action on the case by the plaintiff against the defendant in error to recover damages for the default of the latter, as deputy clerk of the County Court of Greene, in taking insufficient security on a writ of error bond in a case in which one Cawthorne was plaintiff and one Pearson defendant, in consequence of which the plaintiff in error, who was the principal clerk of said court, was…
Read the full summary
Error to the Circuit Court of Greene. Tried before the Hon. John D. Phelan. This was an action on the case by the plaintiff against the defendant in error to recover damages for the default of the latter, as deputy clerk of the County Court of Greene, in taking insufficient security on a writ of error bond in a case in which one Cawthorne was plaintiff and one Pearson defendant, in consequence of which the plaintiff in error, who was the principal clerk of said court, was sued by said Cawthorne and compelled to pay the debt. The defendant pleaded the statute of limitations of six years, to…
1Opinion of the CourtChilton, J.
The only question in this case is whether the statute of limitations of six years commences running from the time that the default of the deputy oceured, which ultimately caused his principal to pay the demand of Cawthorae, or from the time that the injury to the principal was developed. It appears that more than six years have elapsed since the sheriff returned an execution issued against the principal and security upon the writ of error bond no property, &c., so that Davis had «ot only by his negligence taken insufficient surety on the bond, but this insufficiency had been determined by a…
2Cases cited3 opinions
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Owens v. GatewoodCourt of Appeals of Kentucky · 1817
- Stewart v. Desha, Sheppard & Co.Supreme Court of Alabama · 1847
3Cited by8 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Kelly v. ShropshireSupreme Court of Alabama · 1917
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
- McKay v. CoolidgeMassachusetts Supreme Judicial Court · 1914
- McCalla v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.