Lloyd v. Perry
Supreme Court of Iowa
Appeal from Wapello Circuit Court. On the 8th day of April, 1856, the defendant executed to the plaintiff, in Portsmouth, Ohio, both being then citizens of that State, where the plaintiff has still continued to reside, and still resides, his promissory note for $101.50, payable three months after date; no part has been paid.
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Appeal from Wapello Circuit Court. On the 8th day of April, 1856, the defendant executed to the plaintiff, in Portsmouth, Ohio, both being then citizens of that State, where the plaintiff has still continued to reside, and still resides, his promissory note for $101.50, payable three months after date; no part has been paid. Shortly after the note was executed, and in 1856, defendant removed to Iowa, and remained till in 1858, when he removed to Kansas, became a citizen there and remained till 1868, and in June of that year returned to Iowa. By the statutes of limitation^ of Kansas, during…
1Opinion of the Court
Cole, L
That the action was barred by the statute of limitations of Kansas, if the action had been brought there, is not controverted; for the defendant resided there not only two years, the period fixed by the Kansas statute, but about ten years. By our statute, the limitation is ten years (Rev., § 2740); and the time during which a defendant is a non-resident is not included (Rev., § 2745); so, it is equally clear that, by these sections, the action is not barred here. It is, however, further enacted (Rev., § 2746): “ But when a cause of action has been fully barred by the laws of any…
2Cases cited1 opinion
- Sloan v. WaughSupreme Court of Iowa · 1865
3Cited by6 opinions
- Moran v. MoranSupreme Court of Iowa · 1909
- Hunter v. CunningOregon Supreme Court · 1945
- Thompson v. ReadSupreme Court of Iowa · 1875
- St. Joseph & Grand Island Railway Co. v. Elwood Grain Co.Missouri Court of Appeals · 1918
- Webster v. DaviesNebraska Supreme Court · 1895
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