Brockenbrough v. Campbell
Supreme Court of Florida
This cause was brought up by appeal from a judgment ■of the Circuit Court of Leon County, Hon. J. Wayles Baker presiding. Ann W. Campbell, administratrix of John W. Campbell, deceased, brought an action of debt against Ellen A. Brockenbrougk, administratrix of William A. Brocken - brougb, deceased, on a judgment recovered-in 1840, in the Superior Court of Eranklin County, against William H. BrokenbroUgh, as executor of Samuel Simpson, deceased.
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This cause was brought up by appeal from a judgment ■of the Circuit Court of Leon County, Hon. J. Wayles Baker presiding. Ann W. Campbell, administratrix of John W. Campbell, deceased, brought an action of debt against Ellen A. Brockenbrougk, administratrix of William A. Brocken - brougb, deceased, on a judgment recovered-in 1840, in the Superior Court of Eranklin County, against William H. BrokenbroUgh, as executor of Samuel Simpson, deceased. The declaration sets forth the judgment, and alleges a devastavit committed by William H. Brockenbrough, as executor of Simpson. The defendant in the…
1Opinion of the CourtThompson, Justice
The first point presented for the consideration and decision of the Court, is, the propriety of the judgment of the Circuit Court, in overruling the plea of the statute of limitations, of five years, pleaded by the plaintiff in error, in that Court.
The provision of the act of limitations, of Nov. 10, 1828, which is claimed to be applicable to this case, and on which the plea is based, is in the following terms, that “ all ac- “ tions of assumpsit, or debt, grounded upon any lending “ or contract without specialty, &c., shall be commenced *c and sued within the time and limitation of five…
2Cases cited1 opinion
- Gregory v. HarrisonSupreme Court of Florida · 1851