Bullock v. Perry
Supreme Court of Alabama
In error from Franklin County court. Perry, Administrator .of Thew, brought an action of debt against Bullock, on a due bill, for three hundred and ninety dollars, signed by said Bullock, payable to M. Gilchrist, and b'y him indorsed to Perry’s intestate.
Read the full summary
In error from Franklin County court. Perry, Administrator .of Thew, brought an action of debt against Bullock, on a due bill, for three hundred and ninety dollars, signed by said Bullock, payable to M. Gilchrist, and b'y him indorsed to Perry’s intestate. Bullock pleaded three pleas : first, that there was a former action for the same cause, which had been dismissed by the plaintiff; second, that there had been two non-suits; and, third, the statute of limitations, of six years. To the plea of a former action and dismissal, the plaintiff demurred, and the court sustained the demurrer. Issues…
1Opinion of the CourtLipscomb, C. J.
This was an action of debt, brought in the County court of, Franklin county, by Perry, the defendant in error, as administrator of Abraham S. Thew, indorseé of M. Gilchrist, on a due bill, signed by the plaintiff in error, for three hundred and ninety dollars — dated-7th July, 1821, and indorsed, by Gilchrist, to Thew, 16th September, 1823.
The plaintiff in error, who was defendant in the court below, plead, first in bar, that there was a former action for the same cause, which had been dismissed, by the plaintiff below; second, that there had been two non-suits; third, the statute of…
2Cited by4 opinions
- Wetmore v. CrouchSupreme Court of Missouri · 1905
- Southern Railway Co. v. McEntireSupreme Court of Alabama · 1910
- St. Louis & S. F. R. R. v. HallSupreme Court of Alabama · 1914
- Brock v. HarrisAlabama Court of Appeals · 1949