Legal Opinion

Caruthers v. Mardis' adm'rs

Supreme Court of Alabama

Decided January 15, 1842PublishedCited by 17 opinions

Error to-the County Court'of Talladega. ASSUMPSIT in the Court below, by the plaintiff in error, • against the defendants in error. • The writ was sued out by the plaintiff against Leonard Tar-rant, Mary E..

Read the full summary

Error to-the County Court'of Talladega. ASSUMPSIT in the Court below, by the plaintiff in error, • against the defendants in error. • The writ was sued out by the plaintiff against Leonard Tar-rant, Mary E.. Mardis-and Reuben- Mardis, adm’rs -and adm’x-. of Samuel Mardis, deceased, executed on Tarrant and Mrs. Mardis, and not found as to Reuben - Mardis. ■ The declaration-is in the usual-form against those on whom the writ is served, and the action discontinued as-to Reuben Mardis. The defendants demurred to the declaration,- which being overruled, they pleaded, 3.The statute of non claim; 2.…

1Opinion of the CourtOrmond, J.

The ease cited from 6 Johns. 277, certainly sustains the doctrine contended for by the counsel for the plain-tiffin error, that a promise by one of several executors or administrators, will take a case out of the statute of limitations. That case however, is-expressly overruled by the subsequent one of Forsyth v. Ganson, 5 Wend. 558, in which the former is denied to be law, and such is our opinion. Such was also the decision in the cases of Tulloch v. Dunn, Ryan & Moody, 416, and Atkins v. Tredgold, 2 Barn & Cress. 12.

Two statutes of limitation are in force in this State, applicable to parol…

2Cases cited5 opinions

  1. Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
  2. Forsyth v. GansonNew York Supreme Court · 1830
  3. Sheppard v. WilkinsSupreme Court of Alabama · 1840
  4. Williams v. SimsSupreme Court of Alabama · 1839
  5. Heath v. M'InroyNew York Supreme Court · 1810

3Cited by17 opinions

  1. Marshall v. BetnerSupreme Court of Alabama · 1850
  2. Doe ex dem. Saltonstall v. RileySupreme Court of Alabama · 1856
  3. Gayle's Adm'r v. JohnstonSupreme Court of Alabama · 1882
  4. Reese v. HarrisSupreme Court of Alabama · 1855
  5. Lane v. DotyNew York Supreme Court · 1848

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API