Allen v. Hill's adm'r
Court of Appeals of Kentucky
Case 24—PETITION ORDINARY appeals from franklin circuit court. 1. The appellant pleads and proves that he has paid $2,000 to the judgment creditor before the judgment was rendered. 2. There is no averment in the petitions-that the Galveston district court had jurisdiction to render the judgment paid by the appellees. 3. The Kentucky statute of limitations gives to appellant, as a resident of Kentucky when the causes of action accrued, the benefit of the Texas statute of…
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Case 24—PETITION ORDINARY appeals from franklin circuit court. 1. The appellant pleads and proves that he has paid $2,000 to the judgment creditor before the judgment was rendered. 2. There is no averment in the petitions-that the Galveston district court had jurisdiction to render the judgment paid by the appellees. 3. The Kentucky statute of limitations gives to appellant, as a resident of Kentucky when the causes of action accrued, the benefit of the Texas statute of limitations barring actions on account in two years. (Gen. Stat., sec. 19, art. 4, chap. 71.) 4. The proviso to the Texas…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
It is conceded that the causes of action in these cases •accrued in 1871, in the state of Texas, and that the appellant was then, and has ever since, up to the time of these trials, been a resident in, and citizen of, this state.
Our statute provides, in substance, that the Texas statute shall govern in these cases. If suits brought in Texas upon these causes of action, at the time these suits were brought *121in this state, would have been barred, then the pleas of the .statute are good here.
The Texas act of 1841 provided a limitation of two years…
2Cases cited3 opinions
- Snoddy v. CageTexas Supreme Court · 1849
- Fisher v. Phelps, Dodge & Co.Texas Supreme Court · 1858
- Thompson v. BerryTexas Supreme Court · 1862
3Cited by1 opinion
- Brock v. SirmansCourt of Appeals for the Sixth Circuit · 1933