Hoggett v. Emerson
Supreme Court of Kansas
Error from, Grcmforct District Gowrt. This case was twice brought to this court on error — first by Iloggett, appealing from an order of the district court overruling his demurrer to the petition; afterward by Emerson <& Talcott, from an order sustaining a demurrer to their amended petition.
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Error from, Grcmforct District Gowrt. This case was twice brought to this court on error — first by Iloggett, appealing from an order of the district court overruling his demurrer to the petition; afterward by Emerson <& Talcott, from an order sustaining a demurrer to their amended petition. The action below was commenced July 22d, 1870, and alleged the making by Iloggett of two promissory notes at Mattoon, 111., June 25th, 1862, both of which had been over-due since 1863. The petition further averred: “ That by the laws of Illinois said notes were not barred by the statute of limitation…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Defendants in error brought suit in the district court upon two notes executed by plaintiff in error. A demurrer was filed on the ground that the petition did not contain facts sufficient to constitute a cause of action. The demurrer was overruled, and judgment rendered for defendants in error, *264to reverse which this proceeding in error is brought. The notes were dated June 25th, 1862, and due one Dec. 25th, 1862, and the other October 1st, 1863. They were executed in Illinois. Suit was brought July 22, 1870.
l. statute of constmctioñ otter…
2Cases cited1 opinion
- Bonifant v. DoniphanSupreme Court of Kansas · 1864
3Cited by20 opinions
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- Gibson v. SimmonsSupreme Court of Kansas · 1908
- Nickel v. VogelSupreme Court of Kansas · 1907
- Farthing v. SamsSupreme Court of Missouri · 1922
- Kirsch v. LubinNew York Supreme Court · 1927
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