Bohannon v. Chapman
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Samuel Chapman. This was an action of detinue, instituted on the 31st December 1S44, by the defendant in error, as the administrator of Susan R. Cough, deceased, against the plaintiff in error, to recover a certain slave named in the pleadings. The declaration contains’ two counts.
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Error to the Circuit Court of Montgomery. Tried before the Hon. Samuel Chapman. This was an action of detinue, instituted on the 31st December 1S44, by the defendant in error, as the administrator of Susan R. Cough, deceased, against the plaintiff in error, to recover a certain slave named in the pleadings. The declaration contains’ two counts. The first is on a bailment, and alleges the delivery ■of the slave by the plaintiff’s intestate, in her life-time, to the defendant, the refusal to re-deliver to said intestate before her death, or to the plaintiff as her administrator since, and the…
1Opinion of the CourtDargan, C. J.
When this cause was here at a previous term, we held that a plaintiff in an action of detinue had six years, within which he might sue in the courts of this State, where the cause of action accrued here, and that the time the defendant was absent from the State, whilst the statute of limitations was running, must be deducted in computing the time necessary to form the bar.^-Bohannon v. Chapman, 13 Ala. 641. That the defendant herself has always resided in the State affords her no protection, for in ascertaining the time, during which suit could have been brought, we must deduct the time,…
2Cases cited1 opinion
- Bohannan v. ChapmanSupreme Court of Alabama · 1848
3Cited by2 opinions
- Brown v. BushSupreme Court of Alabama · 1929
- Pickett v. HobdySupreme Court of Alabama · 1879