Coleman v. Holmes
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellant sued the appellee on the 10th of September, 1868, on a promissory note which was due the 1st day of January, 1861. The defendant pleaded the statute of limitations of six years, and upon this plea issue was joined The note being the only evidence in the case, the court instructed the jury to find for the defendant, and the plaintiff excepted, and now assigns the charge of the court for…
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Appeal from the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. The appellant sued the appellee on the 10th of September, 1868, on a promissory note which was due the 1st day of January, 1861. The defendant pleaded the statute of limitations of six years, and upon this plea issue was joined The note being the only evidence in the case, the court instructed the jury to find for the defendant, and the plaintiff excepted, and now assigns the charge of the court for error. Section 2 of ordinance No. 5, of the convention of 1865, adopted 21st September, 1865, is as follows: “Section 2.…
1Opinion of the CourtB. F. Saffold, J.
Statutes of limitation are serviceable, for the protection of debtors against stale demands, in discouragement of the laches of creditors, to restrain litigation, and for the purpose of quieting titles and giving proper latitude to the -disposition of property. They are said to affect the remedy and not the debt in actions ex contractu, but in reference to property, the prescription completed vests the title, extinguishing the adverse right as well as the remedy. Too nice a distinction has perhaps been made in this respect. The application of the' lex fori to them probably originated from the…
2Cases cited3 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Brent v. ChapmanSupreme Court of the United States · 1809
- Smith v. Heirs of BondSupreme Court of Alabama · 1845
3Cited by8 opinions
- Reese v. Rankin Fite Memorial HospitalSupreme Court of Alabama · 1981
- Walker v. Capstone Building Corp.Supreme Court of Alabama · 2012
- Huffman v. Alderson's Admr.West Virginia Supreme Court · 1876
- Wiley, Banks & Co. v. EwingSupreme Court of Alabama · 1872
- Thomas v. NiemannSupreme Court of Alabama · 1981
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