Hulbert v. Hopkins
Supreme Court of Iowa
Appeal from Jackson Circuit Court. This was an action upon a judgment rendered against defendíant’s intestate before a justice of tbe peace on tbe 15th day of April, 1858, more than ten years prior to the commencement of this action.
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Appeal from Jackson Circuit Court. This was an action upon a judgment rendered against defendíant’s intestate before a justice of tbe peace on tbe 15th day of April, 1858, more than ten years prior to the commencement of this action. The plaintiff, to avoid the bar of the statute of limitations, stated in his petition, “ that on or about the first day of August, 1862, he entered the military service of the United States as a volunteer, and continued in such service and without the jurisdiction of the State of Iowa, for a period of about three years,” etc. Defendant demurred to the petition,…
1Opinion of the CourtMiller, J.
Appellant’s counsel makes but one question, viz.: Does the fourth section of. chapter 11, laws of the extra session of the ninth general assembly, apply to plaintiffs as well as to defendants ? That section reads as follows: “ The statute of limitations, or the provisions of law limiting the time within which actions may be commenced, shall cease to run- in favor of any such soldier, and his sureties, during the tim.d their property is exempt from attachment, levy, sale or lien by virtue of the provisions of this act and the act to which this is amendatory.”
*124The act to which this act was…
2Cited by1 opinion
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