Lassiter v. Thompson
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. CARMICHAEL. This action was brought by M. W. Thompson against J. T. Lassiter, and was commenced on the 15th September, 1885. The complaint contained only a single count, which claimed $250, “for and on account of money had and received by the defendant, for tbe use of the plaintiff, on, to-wit, January 25th, 1885, with the interest thereon.”
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Appeal from the Circuit Court of Bullock. Tried before the Hon. J. M. CARMICHAEL. This action was brought by M. W. Thompson against J. T. Lassiter, and was commenced on the 15th September, 1885. The complaint contained only a single count, which claimed $250, “for and on account of money had and received by the defendant, for tbe use of the plaintiff, on, to-wit, January 25th, 1885, with the interest thereon.” The defendant pleaded, “in short by consent,” the general issue, and the statute of limitations of three years. The court sustained a demurrer to the latter plea, because it did not…
1Opinion of the CourtClopton, J.
The pleas setting up the statute of limitations, to which the demurrer was sustained; failed to aver that the demand sued on is an open account; and under the complaint proof could be made of an account stated, or of an open account. Under the form of the plea prescribedby the Code, it is necessary to aver the nature and character of the demand sued on; and we have heretofore held that a plea setting up the statute of limitations of three years'is defective, if it fails to aver that the claim is an open account. Harrison v. Harrison, 39 Ala. 489.
The verdict of the jury is responsive to the…
2Cases cited1 opinion
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
3Cited by5 opinions
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- Keel v. WeinmanSupreme Court of Alabama · 1957
- Penney v. StateSupreme Court of Alabama · 1934