Chemung Canal Bank v. Lowery
Supreme Court of the United States
Error to the Circuit Court of the United States for the Western District of Wisconsin. It appears by the complaint in this cause, that the plaintiff recovered a judgment against the defendants in New York, on the fourteenth day of June, 1862, for upwards, of $15,000, . — the plaintiff being a corporation of New York, and the defendants all having appeared in the suit.
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Error to the Circuit Court of the United States for the Western District of Wisconsin. It appears by the complaint in this cause, that the plaintiff recovered a judgment against the defendants in New York, on the fourteenth day of June, 1862, for upwards, of $15,000, . — the plaintiff being a corporation of New York, and the defendants all having appeared in the suit. The present suit was brought on that judgment; but only one of the defendants was served with process, the others residing out of the jurisdiction of the court. The complaint states that the defendant, who was served with…
1Opinion of the CourtJustice Bradley
The errors assigned in this case are substantially two ; First, that.the Statute of Limitation's cannot be set up by demurrer; and, secondly, that the statute on which the defence is founded is unconstitutional in this, that it unjustly discriminates in favor of the.citizens of Wisconsin against the citizens of other States; for, if the plaintiff had been a citizen of Wisconsin, instead of a citizen óf New York, the statute would not have applied.
As' to the first assignment, it is undoubtedly true,' that the Statute of Limitations cannot, by the English practice, be set up by demurrer in…
2Cases cited1 opinion
- Howell v. HowellWisconsin Supreme Court · 1861
3Cited by34 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Bauserman v. BluntSupreme Court of the United States · 1893
- Canadian Northern Railway Co. v. EggenSupreme Court of the United States · 1920
- Anglo-American Provision Co. v. Davis Provision Co. No. 1Supreme Court of the United States · 1903
- Roberts v. LewisSupreme Court of the United States · 1892
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