Hill's Adm'r v. Huckabee's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Jno. P. Tillman, an attorney of the court, selected by the parties on account of the incompetency of the presiding judge.
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Appeal from the Circuit Court of Perry. Tried before the Hon. Jno. P. Tillman, an attorney of the court, selected by the parties on account of the incompetency of the presiding judge. This action was brought by P. A. Tutwiler, as administrator de bonis non of the estate of Charles W. ITill, deceased, against Thomas C. Browne, as administrator of the estate qf Gray Huckabee, deceased; was founded on a promissory note for $1,725, executed by said Gray Huckabee and others, dated. February 10th, 1863, and payable on the 1st March, 1864, “to the order of Susan Hill, administratrix;” and was…
1Opinion of the CourtStone, J.
The questions for our decision arise on special replications of plaintiff (Tutwiler) to pleas numbered 3 and 4 filed by defendant, Brown. Flea numbered 3 was and is the statute of limitations of. six years. , The special replication to this was, that suit had been brought on the same cause of action before the time limited [six years] had’expired; that judgment in that suit had been rendered in favor of the plaintiff; that on *187appeal'to this court' tliat' judgment had been reversed, and that the present suit was brought in less than one year from the-time of such reversal — Code of 1876, §…
2Cases cited9 opinions
- Crane v. FrenchMississippi Supreme Court · 1860
- Hooker v. HubbardMassachusetts Supreme Judicial Court · 1869
- Nelson v. BoyntonSupreme Court of Alabama · 1875
- Donnell v. GatchellSupreme Judicial Court of Maine · 1854
- Givens v. Robbins, Painter & Co.Supreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Taylor v. CrookSupreme Court of Alabama · 1902
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Phillips v. Sipsey Coal Mining Co.Supreme Court of Alabama · 1928
20 more not listed; retrieve them via the Exa API.