Kimbro v. Waller
Supreme Court of Alabama
Error to the Circuit Court of Butler. The plaintiff in error brought an action of assumpsit against the defendant, in the Circuit Court of Butler. The declaration contains two counts. The first avers, that the defendant, in 1836, being an attorney and counsellor at law, collected, as such, a sum of money for the plaintiff, from one Davis, which he has failed and refused to pay over. The second is the ordinary mixed count for work and labor, money had and received, &c.
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Error to the Circuit Court of Butler. The plaintiff in error brought an action of assumpsit against the defendant, in the Circuit Court of Butler. The declaration contains two counts. The first avers, that the defendant, in 1836, being an attorney and counsellor at law, collected, as such, a sum of money for the plaintiff, from one Davis, which he has failed and refused to pay over. The second is the ordinary mixed count for work and labor, money had and received, &c. The defendant pleaded the statute of limitations; to which the plaintiff replied, “ that the money sued for was collected by…
1Opinion of the CourtLigon, J.
— The pleadings appear to have been made up in short in the court below, and consequently we shall pay no regard to the form, since we think there can be little difficulty in ascertaining what is the substance of the replication.
The only question presented for our consideration is, whether an attorney at law will be allowed to interpose the plea of the statute of limitations, when sued by his client for a failure to pay over money which he has collected as attorney.
In this form this question has never before arisen in this so that in ‘its consideration must be *378ciple, and the decisions of…
2Cases cited3 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Stafford v. RichardsonNew York Supreme Court · 1836
- Rathbun v. IngalsNew York Supreme Court · 1831
3Cited by6 opinions
- Provident Life Accident Ins. Co. v. HeidelbergSupreme Court of Alabama · 1934
- Wright v. PaineSupreme Court of Alabama · 1878
- Gunn v. HowellSupreme Court of Alabama · 1859
- Roquemore v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1933
- Bromberg v. SandsSupreme Court of Alabama · 1900
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