Porter v. Smith
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by "William Porter, a non-resident of the State, against James Q. Smith, to recover money alleged to have been collected by the defendant, as plaintiff’s attorney, and not paid over on demand; and was commenced on the 14th September, 1876. The complaint contained only the common money counts, each claiming money alleged to be due on the 9th November, 1871. The defendant…
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Appeal from the City Court of Montgomery. Tried before the Hon. John A. Minnis. This action was brought by "William Porter, a non-resident of the State, against James Q. Smith, to recover money alleged to have been collected by the defendant, as plaintiff’s attorney, and not paid over on demand; and was commenced on the 14th September, 1876. The complaint contained only the common money counts, each claiming money alleged to be due on the 9th November, 1871. The defendant pleaded the general issue, payment, and the statute of limitations of six years. To the several pleas setting up the…
1Opinion of the CourtSomebyille, J.
— This case is determined by the construction of section 3242 of the Code of 1876, which reads as follows : “ In actions seeking relief on the ground of fraud, where the statute has created a bar, the cause of action must *172not be. considered as having accrued, until the discovery by the aggrieved party of the facts constituting the fraud, after which he must have one year within which to prosecute his suit.”
The state of the law before the enactment of this statute, and touching this particular subject-matter, will throw some light upon the legislative intention. It is known to have been the…
2Cases cited3 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Johnson v. JohnsonSupreme Court of Alabama · 1843
- Wear v. SkinnerCourt of Appeals of Maryland · 1877
3Cited by19 opinions
- Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
- Bowlin Horn v. Citizens Hosp.Supreme Court of Alabama · 1982
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
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