Steele v. Savage
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. This action was brought by Robert S. Steele, against Thos. P. Savage, to recover damages for a malicious prosecution; and was commenced on the 4th January, 1886. An amended complaint was filed on the 22d August, 1887; to which the defendant demurred, because it showed on its face that the cause of action was barred by the statute of limitations of one year.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. This action was brought by Robert S. Steele, against Thos. P. Savage, to recover damages for a malicious prosecution; and was commenced on the 4th January, 1886. An amended complaint was filed on the 22d August, 1887; to which the defendant demurred, because it showed on its face that the cause of action was barred by the statute of limitations of one year. The court overruled the demurrer, and the defendant then pleaded the statute of limitations of one year to said amended complaint. The plaintiff demurred to this…
1Opinion of the CourtSomerville, J.
The only question raised is the correctness of the court’s ruling on the demurrer of the plaintiff, filed to the defendant’s plea of the statute of limitations of one year. This plea was interposed to the second count of the amended complaint, which was an action on the case for malicious prosecution, the amendment being made more than a year after the commencement of the original suit.
The judgment must be affirmed on the authority of Perry v. Danner & Co., 74 Ala. 485, and Efurd v. Loeb & Bros., *23182 Ala. 429, and the line of cases there cited. The ruling of the court on the demurrer appears…
2Cases cited2 opinions
- Perry v. Danner & Co.Supreme Court of Alabama · 1883
- Efurd v. Loeb & BrotherSupreme Court of Alabama · 1886
3Cited by1 opinion
- Peters v. StateSupreme Court of Alabama · 1893