Bohannan v. Chapman
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. Before-the Hon. Of. D>. Shortridge. The defendant in error, as the administrator of Mrs. Clough, brought detinue against the plaintiff for a slave. The defendant below pleaded the general issue, and the statute of limitations of six years.
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Writ of Error to the Circuit Court of Montgomery. Before-the Hon. Of. D>. Shortridge. The defendant in error, as the administrator of Mrs. Clough, brought detinue against the plaintiff for a slave. The defendant below pleaded the general issue, and the statute of limitations of six years. To this plea of the statute of limitations, the plaintiff replied, that there was no person within the State of Alabama, against whom this action could have been sustained for the recovery of said slave, from the time the cause of action accrued, until within six years next preceding the bringing of this…
1Opinion of the CourtDargan, J.
The action of detinue is barred if not commenced within six years from the time the cause of action accrues. But the statute provides, “ that if the person is, or shall be out of this state at the time the cause of action shall accrue, or during any time during which suit could be brought on the cause of action, then the person entitled to sue, shall be entitled to bring suit against such person, after his return into the State ; and the time of such person’s absence, shall not be taken as a part of the time limited by the act.
It is evident the design of the act was, to allow the party…
2Cases cited1 opinion
- Shelby v. GuySupreme Court of the United States · 1826
3Cited by5 opinions
- Molton v. HendersonSupreme Court of Alabama · 1878
- Smith v. RobertsSupreme Court of Alabama · 1878
- Cunningham's Ex'r v. CochranSupreme Court of Alabama · 1850
- Bohannon v. ChapmanSupreme Court of Alabama · 1850
- Williams v. FitzpatrickSupreme Court of Alabama · 1852