Roundtree v. Holloway
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Action of assumpsit by the defendant in error against the plaintiff. The declaration contains the common counts. Pleas in short: 1. Non-assumpsit. 2. That the demand sued for is an open account, and the same is barred by the statute of limitations of three years.
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Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. Action of assumpsit by the defendant in error against the plaintiff. The declaration contains the common counts. Pleas in short: 1. Non-assumpsit. 2. That the demand sued for is an open account, and the same is barred by the statute of limitations of three years. That the money sued for by the plaintiff, was paid by plaintiff as sheriff of Dallas county, on an execution agaiust defendant, and without his consent. 4. Set off. The plaintiff took issue on the first, second, and fourth pleas, and demurred to the third. The demurrer…
1Opinion of the CourtChilton, J.
It was left by this court, in Rutland’s Adm’r v. Pippin, et al. 7 Ala. Rep. 419, an open question whether, if the sheriff paid the money demanded by an execution in his hands to be levied, at the request of the defendant in the execution, he could maintain an action against *359the party so making the request, for money had and received ; or whether, if the defendant to the fi. fa. availed himself of the payment so made, upon a motion to quash the ex-cution, and thus obtaining the benefit of it, he would be liable upon the presumption of a previous request, or subsequent adoption of such payment;…
2Cases cited1 opinion
- Roundtree v. WeaverSupreme Court of Alabama · 1845
3Cited by7 opinions
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Ross v. PearsonSupreme Court of Alabama · 1852
- Denby v. MellgrewSupreme Court of Alabama · 1877
- Poe v. DorrahSupreme Court of Alabama · 1852
- Mooney v. ParkerSupreme Court of Alabama · 1851
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