West v. Engel
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Louis Engel against D. P. West, a hotel proprietor; and sought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Louis Engel against D. P. West, a hotel proprietor; and sought to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. The injury for which the action was brought occurred on March 21, 1890 ; and the summons and complaint bear date March 16, 1891. The summons and complaint were delivered to the sheriff and executed by him on April 6, 1891. There was judgment for plaintiff, and defendant appeals. The only facts which have reference to…
1Opinion of the CourtHaralson, J.
The undisputed facts of the case, as to the date of the commencement of this suit, are, that the plaintiff received the injuries of which he complains on the 21st March, 1890, and the summons and complaint, which bear date the 16th March, 1891, were not delivered to the sheriff to be executed, until the 6th day of April following, more than a year after said injuries were received, and the cause of action therefor accrued. — Code, §2619.
It is provided by statute in this State, in the chapter on the limitation of actions, that “The suing out of the summons is the commencement of a suit,…
2Cases cited6 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Ross v. LutherNew York Supreme Court · 1825
- Burdick v. GreenNew York Supreme Court · 1820
- Ex parte LockeSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Weaver v. FirestoneSupreme Court of Alabama · 2013
- Zirkle v. BallSupreme Court of Alabama · 1911
- Johns' EstateSupreme Court of Pennsylvania · 1916
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