Bennett v. Dawson
Supreme Court of Arkansas
Writ of Error to the Oi/rcuit Oowrt of Eot Spring Oowity. Hon. John C. Mubbay, Circuit Judge. submitted that, as the-cause of action in this case did not accrue until within a few months before the expiration of the two years, this case does not come within the recent decisions of the court upon the statute. The legislature can limit the time for bringing actions without impairing the obligation of contracts, but cannot shorten the time unreasonably.
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Writ of Error to the Oi/rcuit Oowrt of Eot Spring Oowity. Hon. John C. Mubbay, Circuit Judge. submitted that, as the-cause of action in this case did not accrue until within a few months before the expiration of the two years, this case does not come within the recent decisions of the court upon the statute. The legislature can limit the time for bringing actions without impairing the obligation of contracts, but cannot shorten the time unreasonably. The 1st and 3d pleas are insufficient, because they do not allege that the notice prescribed by the statute, was given to the creditors. 'Pea/rl…
1Opinion of the CourtJustice Scott
This was an action of debt, commenced in the Hot Spring Circuit Court, on the 7 th day of April, 1853. It is alleged, in the declaration, that the cause of action accrued on the 12th day of July, 1852.
The defendants filed three pleas:
Isi. That the plaintiffs did not exhibit the alleged demand,, duly authenticated by affidavit, within .two years next after the date of the grant of letters of administration.
2d. Eul tiel record.
3d. That although letters were granted, more than two years before the institution of the suit, to wit: on the 12th day of December, 1850; and although the demand accrued…
2Cited by5 opinions
- Ross v. Frick Co.Supreme Court of Arkansas · 1904
- Salinger v. BlackSupreme Court of Arkansas · 1900
- Wallace v. SwepstonSupreme Court of Arkansas · 1905
- Rector v. ConwaySupreme Court of Arkansas · 1859
- Easley v. RoweSupreme Court of Arkansas · 1919