Keaghey v. Barnes

The plaintiff claims from the defendant wages, as his clerk, during 27 months. The general issue, and the prescription of one year, were pleaded. The services were proven, and judgment was given accordingly; but it is silent as to the plea of prescription.

The defendant kept a considerable number of drays, and the plaintiff’s employment was to superintend the draymen, to keep the defendant’s accounts, and to make out all his bills; and he was to receive $35 per month.

The prescription invoked is that of workmen, laborers, and servants. Civil Code, art. 3499. The plaintiff was neither a workman,…