Public-domain · open source
OpenJurist

85 Ala. 230

Steele v. Savage

Supreme Court of Alabama

Decided December 15, 1887

Supreme Court of Alabama · decided 1887-12-15

Tried before the Hon. Leroy E. Box. This action was brought by Robert S. Steele, against Thos. P. Savage, to recover damages for a malicious prosecution; and was commenced on the 4th January, 1886. An amended complaint was filed on the 22d August, 1887; to which the defendant demurred, because it showed on its face that the cause of action was barred by the statute of limitations of one year.

Cited by 1 later decisions — most recently November 1893

1 state decisions

Relies on Efurd v. Loeb & Brother · Perry v. Danner & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1887-12-15

View the full empirical analysis of this case →

SOMERVILLE, J.

¶1The only question raised is the correctness of the court’s ruling on the demurrer of the plaintiff, filed to the defendant’s plea of the statute of limitations of one year. This plea was interposed to the second count of the amended complaint, which was an action on the case for malicious prosecution, the amendment being made more than a year after the commencement of the original suit.

¶2The judgment must be affirmed on the authority of Perry v. Danner & Co., 74 Ala. 485, and Efurd v. Loeb & Bros., *23182 Ala. 429, and the line of cases there cited. The ruling of the court on the demurrer appears only by recital of the bill of exceptions, and is not set out in tbe judgment-entry. It can not, therefore, be revised in this court on a voluntary non-suit taken by' the plaintiff in consequence of an adverse ruling on demurrer, shown only by the bill of exceptions.

¶3Judgment affirmed.

/85/ala/230 · .json · Public domain