McDaniel v. Dougherty

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

Tried before Hon. W. B. Woods. This action was brought by the appellee against the appellant; was commenced on the 3d February, 1866, and was founded on a promissory note made by E. W. Parker, payable to the defendant on the fourth Monday in March, 1861. This note was endorsed in blank by the defendant to the plaintiff, in the month of July, 1861.

Cited by 1 later decisions — most recently June 1920

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

View the full empirical analysis of this case →

A. J. WALKER, C. J.

¶1The second section of the ordinance of the convention adopted 21st September, 1865, (Revised Code, p. 58,) excludes from the computation of time requisite to complete the bar of the statute of limitations and non-claim, a specified period. This has no application to the law prescribing the term of the court to which an endorsee is required to sue the maker in order to hold the endorser liable. This latter law is neither a statute of limitation or non-claim. The court erred in the charge given.

¶2Reversed and remanded.