Donaldson's Adm'r v. Waters' Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Andrew B. Moohe. This action was brought by the administrator of Peter Donaldson, deceased, against the administrator of John C. Waters, deceased, to recover the sum of $>5,000, paid by said Donaldson to Waters, on the 7th January, 1837,. as a part of the purchase-money for a tract of land; and was commenced by attachment, on the 19th July, 1847. The defendant pleaded the general issue, and the statute of…
Read the full summary
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Andrew B. Moohe. This action was brought by the administrator of Peter Donaldson, deceased, against the administrator of John C. Waters, deceased, to recover the sum of $>5,000, paid by said Donaldson to Waters, on the 7th January, 1837,. as a part of the purchase-money for a tract of land; and was commenced by attachment, on the 19th July, 1847. The defendant pleaded the general issue, and the statute of limitations of six years; and issue was joined on these pleas. The plaintiff’s evidence, as set out in the judgment entry,…
1Opinion of the CourtRice, C. J.
As the demurrer to the evidence was interposed by the defendant, it was the duty of the court to render a judgment against him, if the jury, from that evidence, could legally have found a verdict against him; for the effect of his demurrer, when there was joinder therein, was an admission on his part, upon the record, *180of every fact and every conclusion -which the evidence tended to establish. — Shaw v. White, 28 Ala. 637, and authorities there cited.
But facts which did not occur until after this action was commenced, and which are essential to a recovery by the plaintiff, cannot support this…
2Cases cited8 opinions
- Walker v. ClaySupreme Court of Alabama · 1852
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Merriweather v. TaylorSupreme Court of Alabama · 1849
- Cope v. WilliamsSupreme Court of Alabama · 1842
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- Burns v. CampbellSupreme Court of Alabama · 1882
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Flinn v. BarberSupreme Court of Alabama · 1879
- Nolan v. ShickleMissouri Court of Appeals · 1877
8 more not listed; retrieve them via the Exa API.