Sheppard v. Wilkins
Supreme Court of Alabama
Error to the Circuit Court of Dallas County. THIS was an action of assumpsit brought by the defendant in error against the plaintiff in error* The declaration is in the usual form. The pleas which are filed in short are— 1. Non assumpsit. 2. That the cause of action did not accrue within three years next before the commencement of the plaintiff’s action. 3. Statute of limitations.
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Error to the Circuit Court of Dallas County. THIS was an action of assumpsit brought by the defendant in error against the plaintiff in error* The declaration is in the usual form. The pleas which are filed in short are— 1. Non assumpsit. 2. That the cause of action did not accrue within three years next before the commencement of the plaintiff’s action. 3. Statute of limitations. The plaintiff below took issue on the plea of non assumpsit, and to the other pleas that the defendant had been out of the jurisdiction of the State during the time. Judgment was rendered for the plaintiff below.…
1Opinion of the CourtOrmond, J.
— There are two statutes of limitations applying to parol contracts. The first declares that all actions of account and upon the case except actions for slander and except also such actions as concern the trade of merchandize, between merchant and merchant, their factors and agents, shall be commenced within six years next after the cause of action shall have accrued and not after. (Aik. Dig. 270.)
A subsequent act provides that, “ no action shall be brought to recover any money due by open account, after the expiration of three years, from the accruing of the cause of action.” There is the…
2Cited by13 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Battle v. ReidSupreme Court of Alabama · 1880
- Galbreath v. ColeSupreme Court of Alabama · 1878
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