White v. Reed
Missouri Court of Appeals
Appeal from the Jackson Circuit Court; — Hon. E. L. Scarritt, Judge. (1) This suit was not bona ficle commenced within two years.
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Appeal from the Jackson Circuit Court; — Hon. E. L. Scarritt, Judge. (1) This suit was not bona ficle commenced within two years. Buswell on Limitations, secs. 352, 353, 354; Society v. Whitcomb, 2 N. H. 227; Johnson v. Farwell, 7 Me. 370 (7 Greenleaf, side p.), see pp. 373, 374. That there must be an intent to make immediate service combined with the institution of the suit, in order to arrest the running of the statute, we refer to the following cases as decisive: Mason v. Cheney, 47 N. H. 24, in which many other decisions are cited holding the same way. Burdick v. Green, 18 Johnson (N. T.)…
1Opinion of the CourtGfirm, J.
This is an action to enforce a special tax bill for street grading in Kansas City. Said tax bill was issued October 16, 1889, and the main defense is that suit thereon was not commenced within the two years’ limitation provided by the Kansas City charter. The cause was tried by the court sitting as a jury, resulting in a finding and judgment in plaintiff’s favor, and defendant appealed.
The following, taken largely from the defendant’s brief, we find to contain a fair statement of the case:
The petition in this suit was filed in the circuit clerk’s office on October 15, 1891, but the summons…
2Cases cited7 opinions
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Burdick v. GreenNew York Supreme Court · 1820
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Howell v. ShepardMichigan Supreme Court · 1882
- Folks v. YostMissouri Court of Appeals · 1893
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3Cited by10 opinions
- Conrad v. McCallMissouri Court of Appeals · 1920
- Johns' EstateSupreme Court of Pennsylvania · 1916
- Johnson v. FrankSupreme Court of Missouri · 1945
- Matthews v. StephensonMissouri Court of Appeals · 1913
- Erving's Hatcheries, Inc. v. GarrottMississippi Supreme Court · 1964
5 more not listed; retrieve them via the Exa API.