Nance v. Countess
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; R. C. Briekell, Judge. Action in assumpsit by Thomas J. Countess against Mrs. Arthur H. Nance, as executrix of Sarah L. Townsend, deceased. Judgment for plaintiff, and defendant appeals. Most of the facts and charges sufficiently appear.
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Appeal from Circuit Court, Madison County; R. C. Briekell, Judge. Action in assumpsit by Thomas J. Countess against Mrs. Arthur H. Nance, as executrix of Sarah L. Townsend, deceased. Judgment for plaintiff, and defendant appeals. Most of the facts and charges sufficiently appear. Charge 19, refused to defendant, is as follows: The court instructs the jury as a matter of law that, even if Sarah,L. Townsend went over the account for 1910¡ in the spring or summer of 1910, and promised to pay the same, they would be not authorized to find for plaintiff for the part of the account for nursing P.…
1Opinion of the CourtSamford, J.
There are four counts in the complaint: First, on open account; second, on account stated; third, for work and labor done; and fourth, for money had and received. To these counts were interposed the plea of the general issue and the statute of limitations of three years to all of the counts except the second, and to the second, the statute of limitations of six years. The defendant was appointed and qualified as executrix, etc., in August, 1914. The verified account in favor of the plaintiff was duly filed with the executrix on the 5th day of April, 1915, and suit was brought on the 16th day…
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