Wooster v. Bateman
Supreme Court of Iowa
Appeal from MabxsJca District Gourt.— Host. Johst T. Scott, Judge. . A. W. Naylor obtained judgment in the circuit court for $57.56 and costs against J. W. Bateman January 7, 1878, and on the 22d day of September, 1903, assigned the same to the plaintiff, who seeks in this action to have certain land in the name of Francis A. Bateman subjected to its payment.
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Appeal from MabxsJca District Gourt.— Host. Johst T. Scott, Judge. . A. W. Naylor obtained judgment in the circuit court for $57.56 and costs against J. W. Bateman January 7, 1878, and on the 22d day of September, 1903, assigned the same to the plaintiff, who seeks in this action to have certain land in the name of Francis A. Bateman subjected to its payment. The defendant’s demurrer on the ground that the suit was barred by the statute of limitations was sustained, and as plaifitiff elected to stand on the ruling his petition was dismissed, and he appeals.—
1Opinion of the Court
Ladd, J.—
1- limitationsof actions. This action was begun November 20, 1903, to enforce a judgment entered in 1878. Under the Code of 1873 it might have been maintained at any time within the twenty years after 'the lapse of fifteen years from its rendition. Weiser v. McDowell, 93 Iowa, 772. But the statutes as they formerly stood have been so changed that the fifteen years from the rendition of a judgment within which suit against the defendant therein is prohibited is not to “ be excluded in computing the statutory period of limitation for an action thereon.” Sections 3447, 3439, Code. The…
2Cases cited24 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Ferry v. CampbellSupreme Court of Iowa · 1900
- State v. GarbroskiSupreme Court of Iowa · 1900
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