Johnson v. Smith
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The statute commenced to run at the date of the last item of the account. Plaintiff should have commenced his suit within five years from that date; otherwise he is barred. When the statute commences to run, it does not stop.
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Appeal from St. Louis Circuit Court. I. The statute commenced to run at the date of the last item of the account. Plaintiff should have commenced his suit within five years from that date; otherwise he is barred. When the statute commences to run, it does not stop. (Peck v. Randall, 1 Johns. 164; Trout v. Smith, 20 Johns. 33 ; Fowler v. Hart, 10 Johns. 463; Fitzhugh v. Anderson, 2 IT. & M., Va., 289; Wilcox v. Plummer, 4 Pet. 172 ; Landes v. Perkins, 12 Mo. 238 ;' Smith v. Newby, 13 Mo. 159; Ingraham v. Bowie, 4 Miss. 17; 2 Pars.' on Cont.', ed. of 1855, p. 370.) H. The statute begins to run…
1Opinion of the CourtCurrier, Judge
The plaintiff commenced this suit in October, 1867, on account of several items, the last of which was dated June-, 1861. To the defendant’s ansiver setting up the statute of limitations as a bar, the plaintiff replies, alleging that the defendant, after the debt accrued and before the suit was brought, “departed from and resided out of this State” for a period of time exceeding two years. Whether he did so or not was the fact in issue.
At the trial the defendant asked the court to instruct the jury that if they believed from the evidence that the “ plaintiff could have had service with…
2Cases cited2 opinions
- Cook's v. HolmesSupreme Court of Missouri · 1859
- McKee v. BrooksSupreme Court of Missouri · 1855
3Cited by14 opinions
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- Stevens v. LarwillMissouri Court of Appeals · 1904
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- Gibson v. SimmonsSupreme Court of Kansas · 1908
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