McCulloch v. Judd
Supreme Court of Alabama
ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The defendants in error declared against the plaintiff in error as administratrix of Charles McCulloch, deceased, in indebitatus assumpsit for goods sold, and on account stated between the parties. The defendant below pleaded non assumpsit, payment, statute of limitations of three years, statute of non-claim, and the insolvency of the estate of her intestate.
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ERROR to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The defendants in error declared against the plaintiff in error as administratrix of Charles McCulloch, deceased, in indebitatus assumpsit for goods sold, and on account stated between the parties. The defendant below pleaded non assumpsit, payment, statute of limitations of three years, statute of non-claim, and the insolvency of the estate of her intestate. The defendants in error replied generally, and took issue on all the pleas, except that of the statute of limitations of three years, to which they replied that…
1Opinion of the CourtLigon, J.
This case must be considered as though it stood on demurrer to evidence, for the first charge requested of the court below by the counsel for the defendant, has been treated by this court as equivalent to such demurrer.
To authorize a recovery by the plaintiffs, on the several issues in the court below, they must show the justice of their demand; that it is not obnoxious to the statute of limitations of three years, and not barred by the statute of non-claim. And to make good their special replication, it must appear that their account with the defendant originated in the trade of merchandize,…
2Cases cited4 opinions
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- Smith v. PinollaNew York Supreme Court · 1807
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
3Cited by9 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Loventhal & Son v. MorrisSupreme Court of Alabama · 1893
- Clark v. Jones & BrotherSupreme Court of Alabama · 1888
- Peck & Brother v. RyanSupreme Court of Alabama · 1895
- Austin v. BeallSupreme Court of Alabama · 1910
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