People v. Gilbert
New York Supreme Court
THIS was an action on the case, brought in May, 1819, against the defendant, as one of the managers of the Union College Lottery, for selling in 1816,'tickets in the lottery, contrary to the provisions of the act for that purpose, and contrary to his duty as such manager, by reason whereof the amount of the tickets so sold by him had been wholly lost, &c.
Read the full summary
THIS was an action on the case, brought in May, 1819, against the defendant, as one of the managers of the Union College Lottery, for selling in 1816,'tickets in the lottery, contrary to the provisions of the act for that purpose, and contrary to his duty as such manager, by reason whereof the amount of the tickets so sold by him had been wholly lost, &c. The defendant pleaded, 1. Not guilty ; 2. Not guilty at any time within six years next before the filing of the bill of the plaintiffs against the defendant. There was a demurrer to the second plea and joinder. in support of the demurrer.…
1Opinion of the CourtWoodworth, J.
By the common law, there was no stated or fixed time, as to the bringing of actions. Limitations are created by, and derive their authority from statute. (4 Bac. Abr. 461.) In England, it is held, that the king is not bound by the statutes of. limitation; that no laches can be imputed to him, and whenever it occurs he may rely upon his privilege, “ quod nul-lum tempus occurrit regiS'1 (5 Bac. Abr. 561, 562. tit. Prerog. 3 Inst. 188.) The reason of the ruléis founded on the presumption, that the king is employed in the affairs of government, and ought not to suffer by the negligence of his…
2Cases cited1 opinion
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
3Cited by27 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1893
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1879
- Attorney General v. Revere Copper Co.Massachusetts Supreme Judicial Court · 1890
22 more not listed; retrieve them via the Exa API.