Carville ex rel. Wamack v. Reynolds
Supreme Court of Alabama
Error to Dallas Circuit Court. Several suits were commenced in a justice’s court, in the name of Carville against Reynolds, to recover small sums due on witnesses certificates to Carville, who was summoned at the instance of Reynolds, in a suit where he was defendant, and one Atkinson plaintiff.
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Error to Dallas Circuit Court. Several suits were commenced in a justice’s court, in the name of Carville against Reynolds, to recover small sums due on witnesses certificates to Carville, who was summoned at the instance of Reynolds, in a suit where he was defendant, and one Atkinson plaintiff. These certificates were all issued on the 2d November, 1840. The justice gave judgment for the defendant, and the plaintiff appealed to the Circuit Court, in which the cases were consolidated, and a declaration filed. The defendant pleaded, 1. Non assumpsit. 2. Statute of limitations of three years.…
1Opinion of the CourtGoldthwaite, J.
1. The point made with respect to the statute of limitations of three years, controlling this suit, is concluded by the previous decisions made in suits on witnesses certificates. In Hill v. White, 1 Ala. Rep. N. S. 576, we say an action like this is not similar to a demand for an unliquidated account. It is more like an action on a specialty or promissory note, as the demand is ascertained and fixed by law. To the same effect is Findlay v. Wyzer, 1 Stewart, 23, where it was held the party was entitled to sue on each certificate, when he had more than one. These decisions are entirely…
2Cases cited2 opinions
- Briley v. HodgesSupreme Court of Alabama · 1836
- Findley v. Wyser ex rel. ColginSupreme Court of Alabama · 1827
3Cited by6 opinions
- Bradley v. StateSupreme Court of Alabama · 1881
- Northern Alabama Railway Co. v. Wilson Mercantile Co.Alabama Court of Appeals · 1913
- Danforth v. McClellanSupreme Court of Alabama · 1916
- South & North Ala. Railroad v. BradleySupreme Court of Alabama · 1887
- Ward v. ChaversSupreme Court of Alabama · 1896
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