Lucas v. Thorington
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. This was as action of assumpsit, by the defendant in error against the plaintiff, and was tried on the pleas of non-assumpsit, payment, set-off and the statute of limitations* At the trial, the defendant excepted to the ruling of the court-. From the bill of exceptions, it appears that the plaintiff offered in evidence an account for professional services, money paid, money lent and advanced, &c., at the instance, and for…
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Writ of Error to the Circuit Court of Montgomery. This was as action of assumpsit, by the defendant in error against the plaintiff, and was tried on the pleas of non-assumpsit, payment, set-off and the statute of limitations* At the trial, the defendant excepted to the ruling of the court-. From the bill of exceptions, it appears that the plaintiff offered in evidence an account for professional services, money paid, money lent and advanced, &c., at the instance, and for defendant’s benefit, amounting in the aggregate to the sum of fifteen hundred and ninety-four 20-100 dollars* At the foot…
1Opinion of the CourtCollier, C. J.
The accounts of the parties are made up of distinct items, and the acknowledgment of the justness of one, and a liability to pay, cannot withdraw the others from the influence of the statute of limitations, upon any other hypothesis than that the waiver of a defence, as to a part, precludes the defendant from defending as to the residue. No such ground has been assumed bythe defendant in error; but he insists that the laww'as correctly laid down in the circuit court, because the terms of the admission showq that the statute was not intended to be relied on, but the object of the parties w'as…
2Cited by1 opinion
- Newhouse & Co. v. RedwoodSupreme Court of Alabama · 1845