Courson's Executors v. Courson
Ohio Supreme Court
Error to tbe court of common pleas of Licking county. Reserved in the district court. On the 27th of May, 1865, Alexander Courson, the defendant in error, brought suit against the executors of Isaac Cour son, deceased, before a justice of the peace of Licking county. The case was appealed to'the court of common pleas.
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Error to tbe court of common pleas of Licking county. Reserved in the district court. On the 27th of May, 1865, Alexander Courson, the defendant in error, brought suit against the executors of Isaac Cour son, deceased, before a justice of the peace of Licking county. The case was appealed to'the court of common pleas. From the petition it appears that the action was based upon an account or bill of items, the first of which is for thirty-six and a half months, work by the son of Alexander Courson for the decedent, from October 11,1846, to October 27, 1849, at $8 a month, $292. This item is…
1Opinion of the CourtDay, J.
The account on which the suit is brought consists of items' running from the year 1849 to 1862. The questions in the case principally relied on ai’e made on the rule adopted in the charge to the jury in regard to the statute *458of limitations. The charge is based upon the theory, that each new item in an open mutual account takes the items preceding it out of the statute of limitations. The correctness of this theory depends on the construction to be given to two of our statutes of limitations, one of which was in force at the commencement of the account, and the other took effect July 1st, 1853.
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Lowe v. DowbarnTexas Supreme Court · 1863
- Smith v. DawsonCourt of Appeals of Kentucky · 1850