Burnes v. Crane
Utah Supreme Court
Appeal from the Third District Court. The facts appear in the opinion of the Court. made the following j)oints: The intent of our Statute of Limitations plainly expressed, is that every creditor shall have four full years to sue in the Courts of this Territory, and that he shall not lose his demand except by such an omission as the Law deems voluntary, or negligent. Utah Statute Limitations, Sec. 15 and 23; Sec. 506, Utah Practice Act; 5th Nev. R. 73 ; 20th.
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Appeal from the Third District Court. The facts appear in the opinion of the Court. made the following j)oints: The intent of our Statute of Limitations plainly expressed, is that every creditor shall have four full years to sue in the Courts of this Territory, and that he shall not lose his demand except by such an omission as the Law deems voluntary, or negligent. Utah Statute Limitations, Sec. 15 and 23; Sec. 506, Utah Practice Act; 5th Nev. R. 73 ; 20th. N. Y. Ap 223 ; 16 Cal. 95 ; 3 Poster R 384, 6; 4 Gill Ill. R 125; 24 Conn. it. 432; 15 Mo). The 15th Section of the Limitation Act…
1Opinion of the CourtEmerson, J.
' This suit was brought on the 2d day of May, 1874, upon a replevin bond, executed in the State of Kansas, and upon which a cause of action accrued on the 6th day of May, 18'69.
The respondents were not residents of this Territory, *181nor had they ever been, when the contract was made, or when the cause of action accnied, and they had not resided here four years when this suit was commenced, nor had it been four years since they first came into this Territory.
The Respondent, Crane, who is the only one of them that appeared, raised the defense of the Statute of Limitations by a demurrer to the…
2Cases cited6 opinions
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Bonifant v. DoniphanSupreme Court of Kansas · 1864
- Tagart v. IndianaSupreme Court of Missouri · 1851
- Palmer v. ShawCalifornia Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lawson v. TrippUtah Supreme Court · 1908
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953
- Alaska Credit Bureau v. FennerDistrict Court, D. Alaska · 1948
- Merchants & Planters National Bank of Sherman v. AppleyardSupreme Court of North Carolina · 1953