Richardson v. Mertins
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by Minnie Reese Richardson and others, by next friend against J. A. L. W. Mertins, in trover. Judgment for defendant and plaintiffs appeal.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Action by Minnie Reese Richardson and others, by next friend against J. A. L. W. Mertins, in trover. Judgment for defendant and plaintiffs appeal. The plea did not take into consideration the .provisions of section 4846, giving minors the right to sue until the termination of their disability, and hence, this section and its citation disclose the error of the court in overruling the demurrers to plaintiff’s replication. The replication was filed to the pleas collectively, and as it is apparent that it is not good as to…
1Opinion of the CourtSomerville, J.
The plaintiffs sued the defendant in trover for the conversion by her on or about November 25, 1908, of certain chattels, the property (as alleged) of plaintiffs. The summons describes the plaintiffs as “minors who sue by M. R. R., as next friend.” In the caption to the complaint they are described as “M. R. R. and C. R. by M. R. R., as next friend.” The defendant’s pleas were as follows: “(1) The general issue. (2) The defendant for answer to the complaint saith: That the plaintiffs’ cause of action, if any they had, is barred by the statute of limitations of six years. (3) The cause of…
2Cases cited4 opinions
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Underhill v. Mobile Fire Department InsuranceSupreme Court of Alabama · 1880
- Oliver v. WilliamsSupreme Court of Alabama · 1909
- Caldwell ex dem. Caldwell v. ThorpSupreme Court of Alabama · 1845
3Cited by9 opinions
- Larue v. C. G. Kershaw Contracting Co.Supreme Court of Alabama · 1912
- Barrow v. LindseySupreme Court of Alabama · 1935
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Street v. ShaddixSupreme Court of Alabama · 1916
- Yerger v. CoxSupreme Court of Alabama · 1967
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