Hall v. Nasmith
Supreme Court of Vermont
Assumpsit. The date of the writ does not appear in any of the papers in the hands of the reporter. The defendant plead the statute of limitations; to which the plaintiff replied !£ that after his said cause of action accrued, and before the statute of limitations had run thereon, to wit, from the first day of January, 1848, to the time of the commencement of this action, the said Nasmith was absent from and resided out of this state, to wit, at Northumberland, in the state…
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Assumpsit. The date of the writ does not appear in any of the papers in the hands of the reporter. The defendant plead the statute of limitations; to which the plaintiff replied !£ that after his said cause of action accrued, and before the statute of limitations had run thereon, to wit, from the first day of January, 1848, to the time of the commencement of this action, the said Nasmith was absent from and resided out of this state, to wit, at Northumberland, in the state of New Hampshire; and during all of the time aforesaid, he, the said Nasmith, had no known property within this state,…
1Opinion of the Court
The opinion of the court was delivered, at the circuit session in September, by
Redeield, Ch. J.
The question attempted to be raised here, in general terms, is, what will obviate the effect of absence from the state, which, by our statute, suspends the operation of the statute of limitations. And the first inquiry is, whether every absence, and, if not, what absence from the state suspends the operation of the statute. The language of the statute is “ shall be absent from and reside out of the state.” It is obvious, we think, that mere absence from the state is not sufficient. 'The person must…
2Cases cited4 opinions
- Sage v. HawleySupreme Court of Connecticut · 1844
- Hackett v. KendallSupreme Court of Vermont · 1851
- Hill v. BellowsSupreme Court of Vermont · 1843
- Mazozon v. FootSupreme Court of Vermont · 1826
3Cited by5 opinions
- Davis v. FieldSupreme Court of Vermont · 1884
- Farrow v. FarrowSupreme Court of Iowa · 1913
- Farr v. DurantWisconsin Supreme Court · 1895
- Pindell v. HarrisMississippi Supreme Court · 1880
- Langdon v. DoudMassachusetts Supreme Judicial Court · 1863