Legal Opinion

Hill v. Bellows

Supreme Court of Vermont

Decided March 15, 1843PublishedCited by 10 opinions

This was an action of book account, originally brought before a justice of the peace and -appealed to the county court, January term, 1842, where judgment to account was rendered, and the case referred to an auditor who made his report substantially as follows: — That on the 9th day of May 1842, the parties appeared before him and were heard with their allegations and proofs.

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This was an action of book account, originally brought before a justice of the peace and -appealed to the county court, January term, 1842, where judgment to account was rendered, and the case referred to an auditor who made his report substantially as follows: — That on the 9th day of May 1842, the parties appeared before him and were heard with their allegations and proofs. The defendant plead in bar the statute of limitations — the whole of said account having accrued more than six years previous to the plaintiff’s action. The plaintiff objected to said plea on the ground that it was too…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

The only questions in this case arise on the decision qf the auditor in relation to the statute of limitations.

The 14th section of the statute for the limitation of actions provides, that “ if, at the time when the cause of action *733of a personal nature shall accrue against any person, he shall be out of the state, the action may be commenced within the time limited therefor, after such person shall. come into the state.” There is another clause in this section, which provides, that if, “ after any cause of action shall have accrued, and…

2Cases cited1 opinion

  1. Mazozon v. FootSupreme Court of Vermont · 1826

3Cited by10 opinions

  1. Davis v. FieldSupreme Court of Vermont · 1884
  2. Engel v. . FischerNew York Court of Appeals · 1886
  3. Rixford v. MillerSupreme Court of Vermont · 1877
  4. Wheeler v. BrewerSupreme Court of Vermont · 1848
  5. Brown v. Town of SwantonSupreme Court of Vermont · 1896

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