Sparks v. Childers
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action by J. W. Childers against N. R. Sparks and another. Judgment for plaintiff. Defendants appeal. This a suit commenced on the 17th day of April, 1895, in the United States court for the Southern district of the Indian Territory, at Chickasha. The complaint states the cause of action, as follows: In the United States Court in the Indian Territory, Southern Judicial Division.
Read the full summary
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action by J. W. Childers against N. R. Sparks and another. Judgment for plaintiff. Defendants appeal. This a suit commenced on the 17th day of April, 1895, in the United States court for the Southern district of the Indian Territory, at Chickasha. The complaint states the cause of action, as follows: In the United States Court in the Indian Territory, Southern Judicial Division. J. W. Childers vs N. R. Sparks and J. L. Sparks. Action at Law. J. W. Childers, hereinafter styled ‘plaintiff, ’ complaining of N,…
1Opinion of the CourtClayton, J.
The record in this case presents but two questions for the consideration of this court: First, was this action, as set up in the complaint, barred by the statute of limitations? and, second, if it were, was the letter of J. L. Sparks, introduced in evidence, sufficient to take it out of the statute, as to him.
The statute of limitations began to run in the Indian Territory on May 2, 1890, and this suit was commenced on April 17, 1895; being more than three, and less than five, years between the time when the statute began to run and *193the bringing of the suit. Section 4478, Mansf. Dig., provides…
2Cases cited14 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Holliman v. RogersTexas Supreme Court · 1851
- Bushnell v. BushnellWisconsin Supreme Court · 1890
- Little Rock & Ft. Smith R. R. v. PerrySupreme Court of Arkansas · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Automobile Insurance Co. v. Union Oil Co.California Court of Appeal · 1948
- Tritthart v. TritthartIdaho Supreme Court · 1913
- Howell v. BrownCourt Of Appeals Of Indian Territory · 1904
- Harrison v. MurphySupreme Court of Oklahoma · 1912
- Rogers v. NidifferCourt Of Appeals Of Indian Territory · 1904