Keith v. Estill
Supreme Court of Alabama
Error to Talladega Circuit court. Debt on judgment — before Shortridge, J. This action was instituted in the court below, by the plaintiff in this court, on the exemplification of the record of a judgment, obtained by the plaintiff against the defendant; in the County court of Franklin, State of Tennessee, in the year eighteen hundred and twenty. The- defendant pleaded, 1. Nul tiel record; and 2. The statute of limitations of six years.
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Error to Talladega Circuit court. Debt on judgment — before Shortridge, J. This action was instituted in the court below, by the plaintiff in this court, on the exemplification of the record of a judgment, obtained by the plaintiff against the defendant; in the County court of Franklin, State of Tennessee, in the year eighteen hundred and twenty. The- defendant pleaded, 1. Nul tiel record; and 2. The statute of limitations of six years. Issue was taken on the first plea, and a demurrer filed to the second. The court overruled the demurrer, and the plaintiff failing to plead over, judgment was…
1Opinion of the CourtOrmond, J.
To a correct understanding of the important question presented by this record, and which is for the first time raised in this court, we must refer to our statutes for the limitation of actions. The clause *670supposed to be applicable to this case, is the 68th section of the act regulating judicial proceedings at common law — (Aik. Dig. 270) — and is in these words:
“All actions of trespass guare clausum fregit; all actions of trespass, detinue and trover, for taking away of goods and chattels; all actions of debt, founded upon any lending, or contract without specialty, or for arrearages of debt…
2Cases cited1 opinion
- Mills v. DuryeeSupreme Court of the United States · 1813
3Cited by6 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Wyoming National Bank v. BrownWyoming Supreme Court · 1898
- Smith v. HarrisonSupreme Court of Alabama · 1859
- Bedell v. JanneyIllinois Supreme Court · 1847
- Lovins v. HumphriesSupreme Court of Alabama · 1880
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