Baldwin v. Cross
Supreme Court of Arkansas
This was an action of debt determined in the Hempstead circuit court, in May, 1844, before the Hon. John Field, one of the circuit judges.
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This was an action of debt determined in the Hempstead circuit court, in May, 1844, before the Hon. John Field, one of the circuit judges. Baldwin, as administrator of Peter Simmerman, sued Edward Cross, on the 15th day of June, 1843, on two judgments rendered in favor of Peter and John Simmerman, in the State of Kentucky, against Cross, in April, 1822. The defendant pleaded, 1st, that the cause of action did not accrue to intestate or administrator within five years before bringing the suit. 2d, Payment. 3d, Motion to strike out first plea. Motion overruled, and demurrer to first plea,…
1Opinion of the Court
By the Court,
Lacy, J.
The court below should have sustained the demurrer to the defendant’s plea of the statute of limitations. This is an action of debt upon a foreign judgment, and five years have not elapsed since the limitation accrued. The statute of limitations took effect on the 20th of March, 1839, and this suit was brought upon the 15th of June, 1843. Prior to the passage of this act there was no statute in force in the territorial government as to limitations upon foreign judgments. The operation of the act upon demands existing at the time of its passage is the same as it would be…
2Cases cited1 opinion
- Sayre v. WisnerNew York Supreme Court · 1832
3Cited by12 opinions
- Steele v. GannSupreme Court of Arkansas · 1939
- Holley v. HolleySupreme Court of Arkansas · 1978
- Morton v. TullgrenSupreme Court of Arkansas · 1978
- United States Gypsum Co. v. UhlhornDistrict Court, E.D. Arkansas · 1964
- Sullivan v. HadleySupreme Court of Arkansas · 1855
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