Pierce v. Davidson
Missouri Court of Appeals
Appeal from the Jacltson Circuit Cowrt. — Hon. Ed. L. Scarritt, Judge. (1) The cause of action being once barred was forever barred.
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Appeal from the Jacltson Circuit Cowrt. — Hon. Ed. L. Scarritt, Judge. (1) The cause of action being once barred was forever barred. Judgment was rendered May, ■ 1885, and transcript filed April 8, 1892. If judgment of justice was barred in five years, it was barred May, 1890, and the bar could only be removed by a voluntary waiver on the part of defendant (12 Encyclopedia of Law, 697, 704; Campbell v. Holt, 115 U. S. 620; Wood on Limitation, p. 26), the weight of authority being that not even a statute can change the period of limitation so as to affect claims already barred. 13 Encyclopedia…
1Opinion of the CourtEllison, J.
This action is founded upon a judgment originally rendered by a justice of the peace in the'state of Kansas on the fifteenth day of May, 1885. On the eighth day of April, 1892, a transcript of such judgment was filed in the district court of the state of Kansas, a court of record. This suit is based, on a duly authenticated copy of the judgment as it appears in the latter court. Defendant pleaded the five years clau-se of our statute of limitations in bar of the action. R. S. 1889, sec. 6775. The judgment of the trial court was for plaintiff.
The sole question relates to the defendant’s plea…
2Cases cited6 opinions
- Dieffenbach v. . RochNew York Court of Appeals · 1889
- Carpenter v. KingSupreme Court of Missouri · 1868
- Coomes v. MooreSupreme Court of Missouri · 1874
- Rahm v. SoperSupreme Court of Kansas · 1882
- Corrigan v. MorrisMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chittenden v. GravesMissouri Court of Appeals · 1910