Blackford v. Peltier
Indiana Supreme Court
APPEAL from the Knox Circuit Court. — Assumpsit by Peltier for money had and received to his use, by the defendants’ testator. The defendants pleaded, 1st, the general issue; 2dly, the statute of limitations. Upon the first plea the plaintiff below took issue. To the second he demurred, and the defendants joined in demurrer. — The second plea was adjudged unconstitutional. — Verdict.and judgment for the plaintiff in the Circuit Court.
Read the full summary
APPEAL from the Knox Circuit Court. — Assumpsit by Peltier for money had and received to his use, by the defendants’ testator. The defendants pleaded, 1st, the general issue; 2dly, the statute of limitations. Upon the first plea the plaintiff below took issue. To the second he demurred, and the defendants joined in demurrer. — The second plea was adjudged unconstitutional. — Verdict.and judgment for the plaintiff in the Circuit Court. The appellants contended that their second plea was valid, and the demurrer to it ought not to have been sustained.
1Opinion of the CourtScott, J.
That a statute of limitations is unconstitutional, is a novel doctrine, and we see no good reason to justify the innovation. The statute has no reference to the nature, the construction, or the validity of contracts; nor to the rights and obligations of parties arising out of them. It never destroys the right, but only prescribes the time in which that right may be enforced; and after the lapse of the time mentioned, it withholds the remedy (1).
Blackford, J., being a party in the cause, gave no opinion. Per Curiam.
The judgment .is reversed, and the proceedings on the issues are set aside,…
2Cases cited1 opinion
- McCulloch v. MarylandSupreme Court of the United States · 1819
3Cited by5 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- State ex rel. Trimble v. SwopeIndiana Supreme Court · 1855
- Stephens v. St. Louis National BankSupreme Court of Missouri · 1869
- Haney v. ClarkWisconsin Supreme Court · 1843
- Cintrón v. Banco Territorial y AgrícolaSupreme Court of Puerto Rico · 1909