Rock Island Plow Co. v. Masterson
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; Frank Smith, Judge; The action was not barred. The statute of the forum does not 'begin to run until the defendant comes within the jurisdiction in which the suit is brought.
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Appeal from Clay Circuit Court, Western District; Frank Smith, Judge; The action was not barred. The statute of the forum does not 'begin to run until the defendant comes within the jurisdiction in which the suit is brought. The time elapsing between the accrual of the right of action in the foreign State and the acquiring of residence in the State -where suit is brought forms no part of the statutory period. 2 Vern. 540; 13 East 439; 126 Ala. 616; 28 So. 620; 4 Conn. 47; 24 Conn. 432; 3 Kan. 26; 9 S. W. 507; 55 Me. 230; 12 Neb. 471; n N. W. 729; 3 Johns. Oh. 190; Id. 263; 12 Olcla. 33; 13 S.…
1Opinion of the CourtErauenthal, J.
This is an action instituted by the appellant upon a note, and the appellee pleaded the statute of limitation as a bar to a recovery thereon. The note was executed in the State -of Illinois on April 15, 1902, and was payable on September 20, 1902. At the date of its execution the appellant was a corporation domiciled in, and the appellee was a resident of, said State. The appellee moved to the State of Arkansas in 1905, and has resided in this State since that time. This suit was commenced more than five years after the maturity of said note, but within five years since appellee moved to and…
2Cases cited9 opinions
- Townsend v. JemisonSupreme Court of the United States · 1850
- Snoddy v. CageTexas Supreme Court · 1849
- Pryor v. RyburnSupreme Court of Arkansas · 1856
- Carter v. AdamsonSupreme Court of Arkansas · 1860
- Blackburn v. MortonSupreme Court of Arkansas · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jenkins v. ThompsonSupreme Court of Missouri · 1952
- Posner v. Merrill Lynch, Pierce, Fenner & Smith, Inc.District Court, S.D. New York · 1979
- Wilson v. TodhunterSupreme Court of Arkansas · 1918
- Hill v. WadeSupreme Court of Arkansas · 1922
- Pettigrew v. PettigrewSupreme Court of Arkansas · 1927
7 more not listed; retrieve them via the Exa API.