15 Ala. 743 | Ala. | 1849
The defendant in error, who was the plaintiff in the court below, sued the plaintiff in error, on an open account, for work and labor done and performed, &c., by the request, &c., of said plaintiff. It is shown, by the proof, that some of the items in the account, were for the labor of the plaintiff below, while she was a feme covert; her husband having died before the commencement of this suit. Also, that some of the items Were barred by the statute bf'limitations of three years, which was interposed, unless the whole amount was taken, without the influence of the statute, because some of the items occurred within three years.
Let the judgment be reversed and the cause remanded.