Poston v. Smith's
Court of Appeals of Kentucky
Case 31-PETITION ORDINARY APPEAL EROM HARDIN CIRCUIT COURT. CITED Eevised Statutes, 2 Stanton, 133. .16 B. Monroe, 417, Eidgely v. Price. 17 B. Monroe, 359, Bennett, &c. v. Devlin. 4 Bush, 538, Vandiver v. Hodge’s adm’r. 2 Marshall, 22, Sneed v. Hall. 2 Bush, 63. 7 Cranch, 202. CITED 1 Duvall, 388, Long v. Hughes.
1Opinion of the CourtChief Justice Peyoe
This is an action by the appellee, as executor of the will of J. W. Smith, against the appellant upon two notes executed by the latter to Smith in his life-time, amounting in the aggregate to sixteen hundred dollars, and due in the years 1850 and 1851.
The appellant is relying on the plea of payment and the statute of limitation. As to the latter defense, the proof shows that the appellant was absent from the state nearly nine years, and although suit might have been instituted against him before he left, and after his return to Kentucky, his absence from the state was of such long duration as…
2Cited by3 opinions
- Loving v. Warren CountyCourt of Appeals of Kentucky · 1878
- Southern Contract Co.'s Assignee v. NewhouseCourt of Appeals of Kentucky · 1902
- Cooper v. ThomasCourt of Appeals of Kentucky · 1875