Cheetham v. Lewis
New York Supreme Court
THE declaration in this cause was for a libel published the 18th day of November, 1803. The declaration was entitled of November term, generally, and the memorandum was of the second Monday of November, being the 14th day of that month, or the first day of the term. There was. a general imparlance to November term, 1805, when the defendant demurred to the declaration, and the plaintiff joined in demurrer.
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THE declaration in this cause was for a libel published the 18th day of November, 1803. The declaration was entitled of November term, generally, and the memorandum was of the second Monday of November, being the 14th day of that month, or the first day of the term. There was. a general imparlance to November term, 1805, when the defendant demurred to the declaration, and the plaintiff joined in demurrer. The declaration must always be entitled after the cause of action accrued, and not of the term generally.* Where the cause of action arises after the first day of term, there should be a…
1Per curiam
It is settled, that the suing out of the writ is the commencement of the suit, (1 Caines, 69.)¶ and by the record in the present case, it appears, that the action must have been commenced as early as the second Monday in November term, 1803, and that the cause of action did not arise until the 18th of November, in the same term. The action appears, therefore, to have been commenced before the cause of action accrued. (1 Tidd’s Prac. 368.) Though generally, the day may not be material, yet this must always be understood with this limitation, that it be laid to be before the commencement of the…
2Cases cited1 opinion
- Lowry v. LawrenceNew York Supreme Court · 1803
3Cited by10 opinions
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Mason v. BarnardSupreme Court of Missouri · 1865
- United States v. American Lumber Co.U.S. Circuit Court for the District of Northern California · 1897
- Maynard v. TalcottNew York Supreme Court · 1852
- Cassidy v. Saline County BankCourt Of Appeals Of Indian Territory · 1907
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