Stringer v. Waters
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Louisa Stringer, against Philemon B. Waters, and was commenced on the 7th April, 1877. The original complaint contained only a single count, as follows : “ The plaintiff claims of the defendant five hundred dollars, as a penalty for the non-performance of the condition of a bond executed by the said P. B. Waters, as sheriff of Butler county, Alabama, on the 14th day of…
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Appeal from the Circuit Court of Butler. Tried before the Hon. John K. Henry. This action was brought by Louisa Stringer, against Philemon B. Waters, and was commenced on the 7th April, 1877. The original complaint contained only a single count, as follows : “ The plaintiff claims of the defendant five hundred dollars, as a penalty for the non-performance of the condition of a bond executed by the said P. B. Waters, as sheriff of Butler county, Alabama, on the 14th day of August, 1855, in the penal sum of twenty thousand dollars, with Edward Bowen and John Bolling as sureties on his said…
1Opinion of the CourtStone, J.
The present record presents but a single inquiry : Did the statute of limitations run, as to the matter set up in the amended complaint, until that amendment was made ? In King v. Avery, 37 Ala. 169, we stated the rule as settled, “ that if, during the pendency of a suit, any new matter or claim, not before asserted, is set up and relied upon by the complainant, the defendant has the right to insist on the benefit of the statute, until the time that the new claim is presented; because, until that time, there was no Us pendens, as to that matter, between the parties. On the contrary, if the…
2Cases cited3 opinions
- King v. AverySupreme Court of Alabama · 1861
- Bradford v. EdwardsSupreme Court of Alabama · 1858
- Lansford v. ScottSupreme Court of Alabama · 1874
3Cited by5 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Mohr v. LemleSupreme Court of Alabama · 1881
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Ricketts v. WeedenSupreme Court of Alabama · 1879