Society for Propagating the Gospel v. Whitcomb
Superior Court of New Hampshire
The statute of limitations as to reviews stops at the time the writ is sued out. The date and not the service of the writ is prima facie evidence of the trua time when it was sued out. But this prima fade evidence may be rebutted, and the true time shown by parol testimony.
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The statute of limitations as to reviews stops at the time the writ is sued out. The date and not the service of the writ is prima facie evidence of the trua time when it was sued out. But this prima fade evidence may be rebutted, and the true time shown by parol testimony. Under our practice, the true time, when a writ is sued out, or an action commenced, is the time when the writ is, in fact, filled up with the declaration in order to have it served upon the opposite party. This was a writ, of review, dated May 11th, 1819, and served August 17th, 1819. It was brought on a judgment, rendered…
1Opinion of the CourtWoodbury, J.
had drawn up the reasons for the judgment, as follows.
Our statute of February 9th, 1791, provides, that “ no action of review shall be brought after the expiration of “ three years from the time of rendering the judgment to be « reviewed.”(1)
In this case, the plea in abatement must be founded on the supposition, that the time of service of the writ is the time when the “action of review” is “ brought” ; while the demurrer must rest on the opinion, that it is “ brought” at the time the writ bears date, or, at the latest, when the writ was in fact sued out.
In this state, our writs of mesne…
2Cases cited3 opinions
- Burdick v. GreenNew York Supreme Court · 1820
- Garland v. ChattleNew York Supreme Court · 1815
- Douglas v. HoagNew York Supreme Court · 1806
3Cited by8 opinions
- Hodgdon v. Beatrice D. Weeks Memorial HospitalSupreme Court of New Hampshire · 1982
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Desaulnier v. Manchester School DistrictSupreme Court of New Hampshire · 1995
- Maguire v. Merrimack Mutual Fire InsuranceSupreme Court of New Hampshire · 1984
- Bennett v. ChaseSuperior Court of New Hampshire · 1850
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