Legal Opinion

Michigan Insurance Bank v. Eldred

Supreme Court of the United States

Decided May 13, 1889No. 239PublishedCited by 39 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE-EASTERN DISTRICT OF WISCONSIN. ■ This was an action by a Michigan corporation against• a citizen of Wisconsin upon a judgment recovered by the plaintiff against the defendant on May 13, 1862, in the Circuit Court for the county of Wayne and State of Michigan, for the sum of $4211.56, which the plaintiff now sued for, with interest. The defendant answered that the cause of action did not' accrue within ten years.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE-EASTERN DISTRICT OF WISCONSIN. ■ This was an action by a Michigan corporation against• a citizen of Wisconsin upon a judgment recovered by the plaintiff against the defendant on May 13, 1862, in the Circuit Court for the county of Wayne and State of Michigan, for the sum of $4211.56, which the plaintiff now sued for, with interest. The defendant answered that the cause of action did not' accrue within ten years. At the trial, the plaintiff .offered in evidence the praecipe, dated May 11, 1872, signed by its attorney, and directing the…

1Opinion of the CourtJustice Gray

The cause of action accrued May 13, 1862, when the judgment sued on was recovered; and the case turns upon the question whether the action was commenced within ten years afterwards.

As the facts relied on by the plaintiff - to prevent the bar of the statute of limitations occurred in May, 1872, the question is not affected by the act of Congress of June 1, 1872, c. 255, § 5, requiring the practice, pleadings, and forms and modes of proceeding,, in actions at law in the Circuit and District Courts of the United States, to conform, as near -as may be, to those of the courts of record of the…

2Cases cited8 opinions

  1. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
  2. McCluny v. SillimanSupreme Court of the United States · 1830
  3. Amy v. DubuqueSupreme Court of the United States · 1879
  4. Townsend v. JemisonSupreme Court of the United States · 1850
  5. Walsh v. MayerSupreme Court of the United States · 1884

3 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Michigan Insurance Bank v. EldredSupreme Court of the United States · 1892
  2. Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
  3. Bauserman v. BluntSupreme Court of the United States · 1893
  4. Shewbrooks v. AC AND S. INC.Mississippi Supreme Court · 1988
  5. Lawrence v. NelsonSupreme Court of the United States · 1892

34 more not listed; retrieve them via the Exa API.

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