Legal Opinion

Owens v. Henry

Supreme Court of the United States

Decided March 30, 1896No. 143PublishedCited by 41 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. June 17, 1861, judgment was entered on ,a bond and warrant of attorney, dated March 1, 1861, for ten thousand dollars, conditioned for the payment of five thousand dollars on the second day of March, 1861, with interest, in favor of Bernard Owens against John Henry and James Feeny.in the District Court for the county and city of Philadelphia, now the Court of Common Pleas No. 3, for the…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. June 17, 1861, judgment was entered on ,a bond and warrant of attorney, dated March 1, 1861, for ten thousand dollars, conditioned for the payment of five thousand dollars on the second day of March, 1861, with interest, in favor of Bernard Owens against John Henry and James Feeny.in the District Court for the county and city of Philadelphia, now the Court of Common Pleas No. 3, for the county of Philadelphia, State of Pennsylvania, and execution was issued thereon that day. February 3, 1866, a scire…

1Opinion of the CourtChief Justice Fuller

Judgments for money, whether rendered within or without the State, are barred by prescription in the State of Louisiana in ten years from the date of the rendition thereof. La. Civ. Code, Art. 3547. The original judgment was recovered June 17, 1861, and this action' was commenced November 1, 1880. Considered as brought upon that judgment the action was barred, but inasmuch as the original petition set up the judgment on scire facias, rendered May 10, 1871, in respect .of which ten years had not run, defendant compelled plaintiff to make his election as to which judgment he relied on, and he…

2Cases cited3 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Grover & Baker Sewing MacHine Co. v. RadcliffeSupreme Court of the United States · 1890

3Cited by41 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Union National Bank v. LambSupreme Court of the United States · 1949
  3. New York Life Insurance v. DunlevySupreme Court of the United States · 1916
  4. Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
  5. Hollister v. United StatesCourt of Appeals for the Eighth Circuit · 1906

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