Smith v. Packard
Wisconsin Supreme Court
ERROR to the Circuit Court for Jaclcson County. Tbe writ of error in this case was issued ou tbe 28th day of October, 1859, to reverse a judgment rendered in tbe Jackson circuit court, on tbe 14th of January, 1857. A motion was made to quash tbe writ of error, upon tbe ground tbat it was barred by tbe statute of limitations. Tbe statute of limitations in force at tbe time a suit is instituted, governs and limits tbe right of action.
Read the full summary
ERROR to the Circuit Court for Jaclcson County. Tbe writ of error in this case was issued ou tbe 28th day of October, 1859, to reverse a judgment rendered in tbe Jackson circuit court, on tbe 14th of January, 1857. A motion was made to quash tbe writ of error, upon tbe ground tbat it was barred by tbe statute of limitations. Tbe statute of limitations in force at tbe time a suit is instituted, governs and limits tbe right of action. No vested right is interfered with by a change in tbe law in this respect before tbe commencement of tbe,suit. Patterson vs. Gaines, 6 How. (U. S.), 550; Winston…
1Opinion of the Court
By the Court,
PAINE, J.
At tbe time of tbe argument of this case, a motion to quash tbe writ of error was also argued, and tbe conclusion to which we have come upon that, renders it unnecessary to decide upon tbe merits of tbe case.
Tbe motion is made for tbe reason that the writ was barred by tbe statute of limitations. Tbe judgment was entered on tbe 14th day of January, 1857. Tbe statute in force at that time allowed a writ of error to be brought at any time within four years after tbe judgment. But chapter 61 of tbe General Laws of 1858, which was approved April 24th of that year, contains…
2Cited by23 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Cook v. MasseyIdaho Supreme Court · 1923
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
- Hart v. BostwickSupreme Court of Florida · 1872
- Sayres v. CommonwealthSupreme Court of Pennsylvania · 1879
18 more not listed; retrieve them via the Exa API.