Swickard v. Bailey
Supreme Court of Kansas
Error from, Leavenworth County. The questions in tbis case arose in an action brought in - 1865, the petition in which, alleged that the defendant in the state of Ohio, executed his promise in writing to pay money on the 1st day of October 1851, and before the maturity of his paper the said defendant absconded from the state of Ohio leaving the d'ebt unpaid.
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Error from, Leavenworth County. The questions in tbis case arose in an action brought in - 1865, the petition in which, alleged that the defendant in the state of Ohio, executed his promise in writing to pay money on the 1st day of October 1851, and before the maturity of his paper the said defendant absconded from the state of Ohio leaving the d'ebt unpaid. That from that time until about 1861, said Bailey was still concealed from his creditors and a resident of Mis^ sonri or some other state, — neither Ohio nor Kansas,— but kept himself so concealed until the spring of 1865, when for the…
1Opinion of the Court
By the Court,
Orozier, C. J.
It is claimed by the defendant in error, that upon the pleadings, the action in the court below was barred by the limitation law of 1855. It there appears that the claim upon which suit was brought, originated in the state of Ohio in 1851; that the defendant absconded therefrom; *511that lie was not in the territory of Kansas prior to 1861; that lie concealed himself until recently, and that the time of limitation prescribed by the act of 1855 expired before the repeal of that statute. That act contained no exception on account of the absence from the territory of the…
2Cases cited1 opinion
- Townsend v. JemisonSupreme Court of the United States · 1850
3Cited by7 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Reed v. MillerSupreme Court of Kansas · 1943
- Atchison, Topeka & Santa Fe Railway Co. v. Atchison Grain Co.Supreme Court of Kansas · 1904
- Wahlgren v. City of Kansas CitySupreme Court of Kansas · 1889
- Almquist v. JohnsonSupreme Court of Kansas · 1930
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