Deshler v. Cabiness
Deshler v. Cabiness
10 Ala. 959
Deshler v. Cabiness
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.