Kelly v. Shropshire
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by H. E. Shropshire against George B. Kelly and others. Judgment for plaintiff, and defendants appeal.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by H. E. Shropshire against George B. Kelly and others. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The complaint claims damages for that during the months of September, October, and December, 1908, and February, 1909, plaintiff entered into an agreement or contract with defendants, whereby defendants undertook to make a certain survey of lands owned by plaintiff and another, and to make a map and subdivision of said land to be placed on record, and…
1Opinion of the CourtSayre, J.
Though it be conceded, in deference to the arguments for appellee, that his complaint is in tort, his action, according to the uncontradicted evidence, was barred by the statute of limitations, and appellants should have had the general affirmative charge which the .record shows they requested in writing. _
(1, 3) Neither in the pleadings nor in the evidence was anything said of fraud to bring the case within the influence of section 4852 of. the Code, which provides for actions seeking relief on the ground of fraud a peculiar limitation which begins to run from the discovery of the fraud.…
2Cases cited6 opinions
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Governor v. GordonSupreme Court of Alabama · 1848
- Baker v. PattersonSupreme Court of Alabama · 1911
- McCalla v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Garrett v. Raytheon Co., Inc.Supreme Court of Alabama · 1979
- Federal Savings And Loan Insurance Corporation v. Virginia B. HaralsonCourt of Appeals for the Eleventh Circuit · 1987
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Payton v. Monsanto Co.Supreme Court of Alabama · 2001
- Hudson v. MooreSupreme Court of Alabama · 1940
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