Nelson v. Nelson
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action brought April 28, 1856, by Wm. Nelson against George Nelson and William Peachy administrator of William J. Nelson, on a judgment obtained by the plaintiff in the State of Vermont against George Nelson and William J. Nelson, in June, 1847. The defendants plead the Statute of Limitations of the State of Vermont, as also that of this State.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action brought April 28, 1856, by Wm. Nelson against George Nelson and William Peachy administrator of William J. Nelson, on a judgment obtained by the plaintiff in the State of Vermont against George Nelson and William J. Nelson, in June, 1847. The defendants plead the Statute of Limitations of the State of Vermont, as also that of this State. The case was tried on an agreed statement of facts, by which the facts averred in the complaint are admitted, and by which it further appears that William J.…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray concurred.
The statement of facts is insufficient to bring the claim sued on within the operation of the Statute of Limitations of the State of Vermont. That Act bars a claim like this in eight years; but it deducts from this fixed period all the time of the defendant’s absence from the State, unless he has left attachable property to satisfy the judgment. In the answer, there is no averment of the condition which allows the statute to continue running. But in the agreed statement of facts, it is shown that the defendant’s intestate “ was the owner of known attachable…
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