Betts v. Norris
Supreme Judicial Court of Maine
Case against Norris, as a deputy sheriff, for an alleged neglect of duty. The writ in this suit was dated June 1, 1840. The general issue was pleaded, and a brief statement filed, setting up the statute of limitations in defence.
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Case against Norris, as a deputy sheriff, for an alleged neglect of duty. The writ in this suit was dated June 1, 1840. The general issue was pleaded, and a brief statement filed, setting up the statute of limitations in defence. The plaintiff, to support the issue on his part, produced and read a copy of a writ, in which the plaintiff alleged his damage at two thousand dollars, and which had been sued out by the plaintiff against John Lane and Jabcz Loadbetter in due form, returnable to the Court of Common Pleas, August Term, ] 829, in this county, with an indorsement thereon of an order by…
1Dissent
Shefley J.
— It will be admitted, that the statute of limitations commences to run from the time, when the right of action accrues. The only difficulty consists in determining that question. The general rule is believed to be, that in actions founded on contract, express or implied, the right of action accrues upon the breach of it; and in actions founded on tort, it accrues when the party is injured. A mere violation or neglect of duty enjoined by law, or otherwise imposed without contract, unless accompanied or followed by an injury to some person, cannot be the foundation of an action at…
2Cases cited5 opinions
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