McMahan v. Crabtree
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. E. W. Pbttus. This action was founded on an open account; was commenced in a justice’s court, in October, 1851; and was removed by appeal, by the defendant, to the circuit court.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. E. W. Pbttus. This action was founded on an open account; was commenced in a justice’s court, in October, 1851; and was removed by appeal, by the defendant, to the circuit court. On tbe trial in that court, the defendant offered in evidence, under the plea of set-off, a judgment in his favor, against the plaintiff, which was rendered by a justice of the peace in 1838. The exclusion of this judgment by the court is now assigned as error.
1Opinion of the Court
"WALKER, J.
A judgmentmay be pleaded as a set-off. Jones v. Melton, 6 Ala. 830. The judgment offered as a set-off in this case had been rendered more than ten, but less than twenty years. It cannot be presumed that the judgment has been satisfied, until twenty years from its rendition have elapsed. — Collins v. Boyd, 14 Ala. 505. The statute of limitations to an action of debt has no application to an action on a judgment; debt on a judgment not being one of the actions embraced in the statute.— Clay’s Digest, 326, § 78; Keith v. Estill, 9 Porter, 669; Pease v. Howard, 14 Johns. 479.
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2Cases cited4 opinions
- Pease v. HowardNew York Supreme Court · 1817
- Keith v. EstillSupreme Court of Alabama · 1839
- Collins v. BoydSupreme Court of Alabama · 1848
- Jones v. MeltonSupreme Court of Alabama · 1844