Dawson v. Turner
Dawson v. Turner
Opinion of the Court
This trial was had in the County Court of Pike County, on appeal from the judgment of a justice, in a suit instituted before him, in April, 1830, wherein Turner was plaintiff, and in whose favor the judgment was rendered, on a promissory note. To review which, Dawson prosecutes this writ of error.
The question for revision appears from a bill of exceptions, which shows, that on the trial of the appeal, Dawson, then defendant, offered as a set-off, a note, which appears, from the transcript, to have been dated in June, 1830, signed by Turner, and promising, on the third day of July, then next, to pay one D. M’Neel, or bearer, ten dollars; also, the like sum, in September following, &c. On this note was indorsed a credit of ten dollars, bearing date the 4th September, 1830. The set-off was rejected by the Court, on the ground, as stated, that it was barred, by the statute of limitations — the sum was so small as to require no issue.
The rejection of this evidence is the cause assigned for error.
But, be the hypothesis what it may. the result must be the same: if the true date was 1820, which was, more likely to be mistaken for 1830, than any other, the note was barred by' the statute of limitations, as ruled by the Court. — If the latter was the true date, (and such we are now bound to consider it,) it was equally inadmissible, because of its non-existence at the commencement of the suit.
The note being inadmissible as evidence, the circumstance of the Court having rested the rejection ■of it on a wrong ground, furnishes no cause for a reversal of the judgment.
When the result of the decision is correct, the grounds or reasons given for it are generally immate
The judgment is affirmed.
Reference
- Full Case Name
- DAWSON v. TURNER
- Status
- Published