Roach v. Cox
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by L. R. Roach against G. R. Cox, for money paid as surety in 1878. Judgment for defendant and plaintiff appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by L. R. Roach against G. R. Cox, for money paid as surety in 1878. Judgment for defendant and plaintiff appeals. The presumption resting upon failure to act is overcome by conditions showing that no action could be taken. — 22 A. & E. Ency of Law, 604; Id. 1187. It may be repelled by evidence of a circumstance showing non payment. — 22 A. & E. Ency of Law, 597, et seq.; Allen v. Eberly, 24 Ohio 97. The cases in Alabama on this subject show that the party against whose action the prescriptive period is pleaded had…
1Opinion of the CourtMcCLELLAN, J.
Roach sued Cox to recover a sum of money paid April 1, 1873, by Roach as surety for Cox on a note payable to one Cross. It is averred in the complaint that on January 1, 1880, Cox paid Roach $25 in reimbursement, in part, of the sum so previously paid by Roach. The defendant pleaded the period of upwards of 20 years, elapsing since the described payment, as a bar to the recovery in the premises. Plaintiff replied, by replication 1, that the debt sued on was contracted in Alabama, and that the defendant had been absent from Alabama during the period within which *427suit might have been brought…
2Cases cited9 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Harrison v. HeflinSupreme Court of Alabama · 1875
- Matthews v. McDadeSupreme Court of Alabama · 1882
- Semple v. GlennSupreme Court of Alabama · 1890
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Boshell v. KeithSupreme Court of Alabama · 1982
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- Snodgrass v. SnodgrassSupreme Court of Alabama · 1912
- Spain v. Brown & Williamson Tobacco Corp.Supreme Court of Alabama · 2003
- Oxford v. EstesSupreme Court of Alabama · 1934
33 more not listed; retrieve them via the Exa API.