Warren v. Clemenger

Mr. Presiding Justice Ball

delivered the opinion of the Court.

At common law the rule is that a right of action never dies. But because time outlasts witnesses and wears away evidence of payment, it was early found necessary, for the protection of those who were once debtors, and to quiet titles, to enact a statute of repose fixing a time after the right of action accrued beyond which it could not be enforced. Accordingly, in every jurisdiction in which the common law prevails there- is now to be found, in varying words, a Statute of Limitations prescribing a boundary to the right to bring an…