Brenneman, Martin & Co. v. Edwards
Supreme Court of Iowa
Appeal from Dubuque Ci/rcuAt Court. Action upon a judgment rendered by a justice of the peace in the State of Pennsylvania. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case, involved in the question decided, appear in the opinion.
1Opinion of the CourtBeck, J.
I. The judgment upon which suit was brought was rendered in 1854. The plaintiffs allege in their petition, in order to take the case out of the operation of the statute of limitations, that defendant in writing within ten years-admitted that the debt is unpaid and promised to pay it. In an amended petition, written instruments relied upon to defeat the statute are set out by copy. The court instructed the jury that these writings, if the jury found they referred to the judgment in suit, “ contain an admission sufficient to remove the bar of the statute of limitations and entitle plain-biffs…
2Cited by1 opinion
- Van Sickle v. KeithSupreme Court of Iowa · 1893