Jones v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. Assumpsit by the plaintiff against the defendant in error for money paid, laid out and expended for his use, &c.
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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. Assumpsit by the plaintiff against the defendant in error for money paid, laid out and expended for his use, &c. The statute of limitations of the State of Georgia, ra which State the defendant lived at the time of the transaction and .for six years afterwards, was relied on as a defence, it being agreed between the parties that any special matter in bar might be .given in evidence under the general issue. The court charged the jury in effect that if they believed that the defendant resided in the State «f…
1Opinion of the CourtDargan, C. J.
There is one question in this ease, which, if decided in favor of the plaintiff, will render the examination of the others unnecessary. It is this: admitting that the statute of limitations of Georgia would be a bar to an action on this contract, if brought in that State, will it avail the defendant, the suit being brought in Alabama?
It is a principle of law, admitted by all courts, that the lex loci contractus must govern as to the validity, interpretation, and construction of the contract. But the remedy to enforce it, or to recover damages for its breach, must be pursued according to the…
2Cases cited13 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Shelby v. GuySupreme Court of the United States · 1826
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
- Lincoln v. BattelleNew York Supreme Court · 1831
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3Cited by37 opinions
- Campbell v. HoltSupreme Court of the United States · 1885
- Board of Education v. BlodgettIllinois Supreme Court · 1895
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Evans Products Co. v. State Board of EscheatsMichigan Supreme Court · 1943
- Colonial Life & Accident Insurance v. Hartford Fire InsuranceCourt of Appeals for the Eleventh Circuit · 2004
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