Givens v. Robbins, Painter & Co.
Supreme Court of Alabama
Error to the Circuit Court of St. Clair. Debt on promissory note, by the defendants in error, against Edward L. Givens, Hugh L. Givens, and William T. Givens. An agreement was entered into between the parties, that any matter which, the defendants could jointly or severally plead in bar of the action, should be considered as pleaded, and the proper replications be considered as filed by the plaintiff.
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Error to the Circuit Court of St. Clair. Debt on promissory note, by the defendants in error, against Edward L. Givens, Hugh L. Givens, and William T. Givens. An agreement was entered into between the parties, that any matter which, the defendants could jointly or severally plead in bar of the action, should be considered as pleaded, and the proper replications be considered as filed by the plaintiff. From a bill of exceptions, it appears that it was in proof, that on the 1st April, 1842, the plaintiff commenced a suit, on the same note, against the same defendants, in the circuit court of…
1Opinion of the CourtOrmond, J.
The statute of limitations was a bar to the recovery on this note, unless the statute of this State [Clay’s Dig. 328, <§> 86] prevents the bar from operating. It is as follows: “ If in any of the said actions specified in any of the preceding sections of this act, judgment be given for the plaintiff, and the same be reversed by writ of error; or if a verdict pass for the plaintiff, and upon matter alledged in arrest of judgment, the judgment be given against the *158plaintiff, then the said plaintiff, his or her heirs, executors, or administrators as the case shall require, may commence a new…
2Cases cited2 opinions
- Sherman v. BarnesSupreme Court of Connecticut · 1830
- Davis & Center v. WestNew York Supreme Court · 1830
3Cited by5 opinions
- Smith v. McNealSupreme Court of the United States · 1883
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Napier v. FosterSupreme Court of Alabama · 1885
- Quarnberg v. City of ChamberlainSouth Dakota Supreme Court · 1912
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BemisOhio Supreme Court · 1901