Curtis v. Daughdrill
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Tried before lion. Wm. E. ClaeKE. This was a suit by T. T. Daughdrill against O. S. Curtis, and was commenced on 8th March, 1882. The plaintiff declared on two promissory notes, one for $73.70, dated 10th February, 1873, and payable one day after date; the other for $17.00, dated December 10th, 1878, and payable one day after date.
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Appeal from Marengo Circuit Court. Tried before lion. Wm. E. ClaeKE. This was a suit by T. T. Daughdrill against O. S. Curtis, and was commenced on 8th March, 1882. The plaintiff declared on two promissory notes, one for $73.70, dated 10th February, 1873, and payable one day after date; the other for $17.00, dated December 10th, 1878, and payable one day after date. The defendant pleaded that “the note of seventy-three 70-100 dollars sued on by plaintiff is barred by the statute of six years.” No other plea was filed. The record contains no replications to the plea, nor does it show that any…
1Opinion of the CourtBrickell, C. J.
The replications, if any, which were filed to the plea of the statute of limitations, the only defense interposed, are not shown by the record. The presumption, if necessary to support the judgment, must be indulged that formal replications were waived; or that they were filed and have been lost, or by clerical omission have not been introduced into the record. After the parties, without objection for the want of appropriate pleadings, have proceeded' to a trial upon the merits in the primary court, it has long been the practice of this court, on error, to presume that the proper pleadings…
2Cases cited3 opinions
- Teague v. CorbittSupreme Court of Alabama · 1877
- M'Gehee v. GreerSupreme Court of Alabama · 1838
- Watson v. DaleSupreme Court of Alabama · 1834
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- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Central Railroad & Banking Co. v. RoquemoreSupreme Court of Alabama · 1892
- Gluck v. CoxSupreme Court of Alabama · 1890