Greer v. McGehee
Supreme Court of Alabama
QUESTION IN THIS CASE. Points of practice in relation to continuances of causes, &c. Assumpsit in Tuskaloosa County Court,on a note of hand, executed by Greer.
Read the full summary
QUESTION IN THIS CASE. Points of practice in relation to continuances of causes, &c. Assumpsit in Tuskaloosa County Court,on a note of hand, executed by Greer. The writ was issued to June term, 1829: and at December term, 1831, entries were made upon the record, of the following effect — “'In the case of McGehee, use McGehee vs. myself, in the County Court of Tuskaloosa countj, I agree that it shall be tried on its merits, at the June term of the said Court, 1832, waiving the plea of the statute of limitations, on the condition that the plaintiff agree toa continuance thereof- and positively…
1Opinion of the CourtHitchcock, C. J.
This was an action of assump-sit, brought by the defendant in error in the County Court of Tuskaloosa county, returnable to the June term, 1829, of that Court. The cause was continued from term to term until December term, 1831, whep an agreement was made to the following effect, to-wit; “ that it (the cause) should be tried on its merits at the June term, 1832, of said Court, waiving the plea of the statute of limitations, on the condition that' the plaintiff agree to a continuance thereof, and positively to try it at said term. The trial to be before George Starr and H. Perkins, and a third…
2Cited by4 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Wright v. StateAlabama Court of Appeals · 1915
- Ex parte DriverSupreme Court of Alabama · 1874
- Lewis v. MartinSupreme Court of Alabama · 1923