Dempsey v. Township of Oswego
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court oí' the United States for the District of Kansas. Statement by Sanborn, Circuit Judge: This was a writ of error to the United States circuit court for the district of Kansas. On the 18tli day of November, 1886, plaintiff in error brought an action against the township of Oswego upon two certain judgments against the defendant, which had been assigned to him.
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In Error to the Circuit Court oí' the United States for the District of Kansas. Statement by Sanborn, Circuit Judge: This was a writ of error to the United States circuit court for the district of Kansas. On the 18tli day of November, 1886, plaintiff in error brought an action against the township of Oswego upon two certain judgments against the defendant, which had been assigned to him. Defendant admitted the rendition and assignment of the judgments, but pleaded that they were barred by the statute of limitations, and that this question was res adjudicata. Plaintiff replied that mandamus…
1Opinion of the Court
Sanborn, Circuit Judge.
Under the decisions of the supreme court of the state of Kansas construing the statutes of that state on this subject, this action was barred by the statutes of limitation of that state when it was commenced. 2 Gen. St. Kan. §§ 4092, 4095, 4542, 4537, 4522, 4524, 4525, 4530, 4531; Burns v. Simpson, 9 Kan. 666, 667; Mawhinney v. Doane, 40 Kan. 675, 678-680, 17 Pac. Rep. 44; Angell v. Martin, 24 Kan. 336; *99Turner v. Crawford, 14 Kan. 503; Gruble v. Wood, 27 Kan. 536, 537; Angell v. Martin, 24 Kan. 334, 335; Seroggs v. Tutt, 23 Kan. 182, 186; U. S. v. Township of Oswego, 28…
2Cases cited6 opinions
- Burnes v. SimpsonSupreme Court of Kansas · 1872
- Angell v. MartinSupreme Court of Kansas · 1880
- Gruble v. WoodSupreme Court of Kansas · 1882
- Turner v. CrawfordSupreme Court of Kansas · 1875
- Salamanca Township v. WilsonSupreme Court of the United States · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
- Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
- Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
15 more not listed; retrieve them via the Exa API.