Deshler v. Cabiness
This text of 10 Ala. 959 (Deshler v. Cabiness) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The case of St. John v. Garrow, 4 Porter, 223, is identical with this case. There, as here, the admission was made before the statute operated as a bar, and the effect of this admission was to postpone the operation of the statute three years longer. As the suit was commenced within the three years, the court correctly instructed the jury that the admission of the correctness of the account, if believed by them, took the case out of the statute.
Let the judgment be affirmed.
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10 Ala. 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deshler-v-cabiness-ala-1847.