Blodgett v. Utley
Nebraska Supreme Court
Error to the district court of Lancaster County. This action was brought on a judgment rendered in the circuit court of Whiteside County, Illinois, on the 9th day of June, A. D. 1866. The cause was commenced in the district court on the 15th day of November, A. D. 1873. Blodgett, who was defendant there, plead the statute of limitations, which provides that an action on a foreign judgment can only be brought within five years after the cause of action shall have accrued.
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Error to the district court of Lancaster County. This action was brought on a judgment rendered in the circuit court of Whiteside County, Illinois, on the 9th day of June, A. D. 1866. The cause was commenced in the district court on the 15th day of November, A. D. 1873. Blodgett, who was defendant there, plead the statute of limitations, which provides that an action on a foreign judgment can only be brought within five years after the cause of action shall have accrued. Oen’l Statutes, Sec. 10, p. 525. The following agreed statement of facts' appears in the record brought to this court: “On…
1Opinion of the CourtMaxwell, J.
The agreed statement of facts on which this case was submitted sets forth that “during each and every absence the defendant had a usual place of residence in different places in Nebraska, where service of summons could be had on him.”
Section twenty of the code of civil procedure provides as follows: “If, when a cause of action accrues against a person, he be out of the state, or shall have absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he come into the state, or while he is absconded, or concealed; and if, after the cause of…
2Cases cited2 opinions
- Sage v. HawleySupreme Court of Connecticut · 1844
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3Cited by23 opinions
- Nelson v. RichardsonAppellate Court of Illinois · 1938
- Anthes v. AnthesIdaho Supreme Court · 1912
- Dalition v. LangemeierNebraska Supreme Court · 1994
- Northwestern & Pacific Hypotheek Bank v. RidpathWashington Supreme Court · 1902
- Seymour v. StreetNebraska Supreme Court · 1876
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