Pearsall v. . Kenan
Supreme Court of North Carolina
Civil Action- tried at Spring Term, 1877, of Duplin: Superior Court, before Seymour, J. The plaintiff as trustee of the “Dickson fund” brought this action against the defendant as surety upon a note of John J. Whitehead, principal, made on the 1st of January., 1858, for a $1,000. The execution of the note was admitted, and the defence set up was the statute of limitations, the defendant’s counsel insisting that he had a vested right to the period which elapsed between the…
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Civil Action- tried at Spring Term, 1877, of Duplin: Superior Court, before Seymour, J. The plaintiff as trustee of the “Dickson fund” brought this action against the defendant as surety upon a note of John J. Whitehead, principal, made on the 1st of January., 1858, for a $1,000. The execution of the note was admitted, and the defence set up was the statute of limitations, the defendant’s counsel insisting that he had a vested right to the period which elapsed between the making of the note and the 10th of February, 1863 (Laws 1863, ch. 34) the date of the first act suspending the statute of…
1Opinion of the CourtReads, J.
After an action is barred or presumption of payment has arisen by lapse of time under a statute,— whether the legislature has the power to prevent a defendant from availing himself of the defence, seems not to be settled by the authorities. In Cooley’s Const. Lim. pp 365, 369, it is said that the legislature has not the power, and in a note there is a reference to quite a number of decided cases which I have not verified. In Johnson v. Winslow, 63 N. C. 552, what is said'in Cooley is cited arguendo, but the point was not before the Court, and no additional force is given to it. In Hinton v.…
2Cases cited4 opinions
- Johnson v. . WinslowSupreme Court of North Carolina · 1869
- Benbow v. . RobbinsSupreme Court of North Carolina · 1874
- Edwards v. . JarisSupreme Court of North Carolina · 1876
- Hawkins v. . SavageSupreme Court of North Carolina · 1876
3Cited by10 opinions
- Whitehurst v. . DaySupreme Court of North Carolina · 1884
- Waldrop v. HodgesSupreme Court of North Carolina · 1949
- Swamp Land District No. 307 v. GlideCalifornia Supreme Court · 1896
- Paragould v. LawsonSupreme Court of Arkansas · 1908
- Heath v. HazelipCourt of Appeals of Kentucky · 1914
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