Johnson v. Farwell
Supreme Judicial Court of Maine
This was an action of trespass for demolishing and destroying five dwelling houses, the property of the plaintiff; to which the defendants pleaded the general issue, and the statute of limitations. To the latter plea the plaintiff replied that the action was commenced and sued within six years after the trespass was done; on which .issue was joined.
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This was an action of trespass for demolishing and destroying five dwelling houses, the property of the plaintiff; to which the defendants pleaded the general issue, and the statute of limitations. To the latter plea the plaintiff replied that the action was commenced and sued within six years after the trespass was done; on which .issue was joined. The trespass was alleged to have been done Aug. 20, 1824. The writ bore date Aug. 9, 1830, on which day the officer returned an attachment of the defendants’ property ; but no summons was delivered till Sept. 21. The defendants hereupon contended…
1Opinion of the Court
Parris J.
delivered the opinion of the Court.
By the seventh section of the Stat. 1821, ch. 62, it is provided that all actions of trespass, &tc. shall be commenced and sued within six years next after the cause of such action; — and we are called upon to decide whether this action was so commenced.
The statute does not declare what shall be deemed the commencement of such an action; but in the 8th section it is provided that any action of the case or of debt, grounded upon any lending or contract, &c. which shall be actually declared upon ,in a proper writ, returnable according to law,…
2Cases cited1 opinion
- Burdick v. GreenNew York Supreme Court · 1820
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- Johns' EstateSupreme Court of Pennsylvania · 1916
- Cross v. BarberSupreme Court of Rhode Island · 1888
- Galehouse v. Minneapolis, St. Paul, & S. S. M. R. Co.North Dakota Supreme Court · 1912
- Gasway v. LalenIndiana Court of Appeals · 1988
- Gasway v. LalenIndiana Court of Appeals · 1988
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