Hall v. Little
Massachusetts Supreme Judicial Court
To this action of assumpsit, besides the general issue, the defendant pleaded that he did not make the promises alleged by the plaintiff at any time within six years before the commencement of the plaintiff’s action.
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To this action of assumpsit, besides the general issue, the defendant pleaded that he did not make the promises alleged by the plaintiff at any time within six years before the commencement of the plaintiff’s action. The plaintiff replied that, at the times of making the several promises in the declaration mentioned, he, the said Hall, was in foreign parts beyond the seas, and without any of the United States, viz., at Antigua, in the West Indies, and had continued and remained beyond seas, without any of the United States, from thence to the time of the purchase of his writ. To this…
1Per curiam
The provision of the act for the limitation of personal actions, &e., (2) which is relied on by the plaintiff, is that the act “ shall not be understood to bar any infant, feme covert, person imprisoned, or beyond sea,, without any of the United States, &c., from bringing either of the actions before mentioned within the term before set and limited for bringing such action, reckoning from the time that such impediment shall be removed.” It is probably not an uncommon notion that this provision was not contemplated to extend to foreigners. But the authority cited from Wilson's Reports in the…
2Cited by18 opinions
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- State Bank v. SeawellSupreme Court of Alabama · 1851
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