Ware v. Dudley
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. J, J. Woodward. The plaintiffs sued the defendant in error in indebitatus as-sumpsit, and to the money counts added a count on an account stated.
Read the full summary
Error to the Circuit Court of Macon. Tried before the Hon. J, J. Woodward. The plaintiffs sued the defendant in error in indebitatus as-sumpsit, and to the money counts added a count on an account stated. The defendant pleaded the general issue, and as his third and fourth pleas the statute of limitations — avering in the third that he did not “ undertake and promise within six years next,” See., and in the fourth that he did not li-undertalce and promise within three years next” Sec. To each of these pleas of the statute of limitations, the plaintiffs demurred, but the court overruled the…
1Opinion of the CourtParsons, J.
As the second plea was withdrawn it may be left out of view, and we think the demurrers to the third and fourth pleas were correctly overruled. The questions of law arise upon the count on an account stated and the bill of exceptions. It does not appear that there was any exception or charge touching the contract or proposition of the defendant as proved. The whole evidence in regard to it is, perhaps, not stated in the bill of exceptions. We refer to the question whether the defendant was ever bound by his offer or agreement, as it appears by the evidence, so far as that is stated in the…
2Cases cited1 opinion
- Tharp v. StateSupreme Court of Alabama · 1849
3Cited by8 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Jasper Trust Co. v. LamkinSupreme Court of Alabama · 1909
- Barnes v. MobleySupreme Court of Alabama · 1852
- Pipes v. NortonMississippi Supreme Court · 1872
- Wharton v. CainSupreme Court of Alabama · 1874
3 more not listed; retrieve them via the Exa API.