Jordan's Adm'r v. Hubbard
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. ANDREW B. Moore. The facts appear at sufficient length in the opinion. 1. The suit, if maintainable at all, can only be maintained by the wife. — Code, § 2131. 2. The wife can only be joined with the husband, in actions for her services, where an express promise has been made to her. 3. The statute of limitations having completed its bar, a partial payment, or express promise in writing, is necessary to take the…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. ANDREW B. Moore. The facts appear at sufficient length in the opinion. 1. The suit, if maintainable at all, can only be maintained by the wife. — Code, § 2131. 2. The wife can only be joined with the husband, in actions for her services, where an express promise has been made to her. 3. The statute of limitations having completed its bar, a partial payment, or express promise in writing, is necessary to take the case out of the statute. — Code, § 2490. 4. The direction to Besteder, through Woodward, to pay plaintiff’s wife í¿500,…
1Opinion of the CourtChilton, C. J.
—Hubbard and wife sued Besteder, as administrator of Henry Jordan, to recover for services alleged to have been rendered by the wife for Henry Jordan, the intestate, in his lifetime, and pending the coverture of Mrs. Hubbard. No pleading, except the complaint, appears of record. In the bill of exceptions, however, it is recited, that the defendant pleaded not guilty, and the statute of limitations of three years.
The plea of “ not guilty” may be a mistaken recital. No doubt the general issue was designed. Be this, however, as it may, such mispleading is not an error which could avail the party…
2Cases cited5 opinions
- Perry v. GrahamSupreme Court of Alabama · 1851
- Stone v. GoverSupreme Court of Alabama · 1840
- Crawford v. Childress' ExecutorsSupreme Court of Alabama · 1840
- Morris v. BoothSupreme Court of Alabama · 1846
- McRae v. KennonSupreme Court of Alabama · 1840
3Cited by8 opinions
- Whitfield v. HatchSupreme Court of Alabama · 1937
- Martin v. RushtonSupreme Court of Alabama · 1868
- Hammond v. Volunteer State Life InsuranceCourt of Appeals of Georgia · 1933
- Strickland's Adm'r v. WalkerSupreme Court of Alabama · 1861
- Emmett Lee Miller v. The Chemstrand CorporationCourt of Appeals for the Fifth Circuit · 1964
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