Bates' Adm'r v. Bates
Supreme Court of Alabama
Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. John E. Moore. This action was brought by James E. Bates, as the administrator de bonis non of Thomas Bates, deceased, against Joseph Bates, and was commenced on the 3d May, 1849. The cause of action was certain moneys, collected by the defendant, as sheriff of Mobile county, under execution against one William Roberts, against whom a judgment had been recovered by one Seth Stodder, and who was afterwards…
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Appeal from tlie Circuit Court of Mobile. Tried before tlie Hon. John E. Moore. This action was brought by James E. Bates, as the administrator de bonis non of Thomas Bates, deceased, against Joseph Bates, and was commenced on the 3d May, 1849. The cause of action was certain moneys, collected by the defendant, as sheriff of Mobile county, under execution against one William Roberts, against whom a judgment had been recovered by one Seth Stodder, and who was afterwards summoned by process of garnishment, at the suit of the executrix of Thomas Bates, as the debtor of said Stodder, and a…
1Opinion of the CourtWalker, J.
—Upon demurrer to the evidence, the court below decided, that the testimony was not sufficient to sustain the replication of a subsequent promise to the plea of the statute of limitations. The only evidence relating to the issue upon the replication was given in by a single witness, and is as follows: “ He [the defendant] stated, in substance, that he had once offered to settle the claim in lands; that he either could or would now settle the claim in lands, if James E. Bates was authorized to settle the demand.” Eor the purposes of this opinion we grant to the appellant, that James E. Bates…
2Cases cited12 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Wetzell v. BussardSupreme Court of the United States · 1826
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Randon v. TobySupreme Court of the United States · 1851
- Mitchell v. ClayTexas Supreme Court · 1852
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3Cited by9 opinions
- Cannavina v. PostonWashington Supreme Court · 1942
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- McCarty v. WilliamsSupreme Court of Alabama · 1924
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- EQUILEASE CORPORATION v. McKinneyCourt of Civil Appeals of Alabama · 1974
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