Mowry v. Cheesman
Massachusetts Supreme Judicial Court
Action of contract, commenced on the 14th of August 1855, on a judgment for debt and costs, rendered against the defendant by a justice of the peace in the State of Rhode Island on the 23d of September 1844, in favor of the plaintiff, then and ever since a citizen of that state. Answer, the statute of limitations.
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Action of contract, commenced on the 14th of August 1855, on a judgment for debt and costs, rendered against the defendant by a justice of the peace in the State of Rhode Island on the 23d of September 1844, in favor of the plaintiff, then and ever since a citizen of that state. Answer, the statute of limitations. On the 29th of said September, an execution was issued thereon, and returned unsatisfied on the 29th of December 1844; and on the 7th of November 1850 an alias execution was issued, and returned unsatisfied on the 7th of February 1851. By the statutes of Rhode Island, “ executions,…
1Opinion of the CourtMetcalf, J.
This is an action on a judgment of a justice of the peace in Rhode Island, and was commenced about eleven years after the judgment was rendered. Is the action barred by our statute of limitations, (Rev. Sts. c. 120, § 1,) which requires *516that “ all actions upon judgments rendered in any court, not being a court of record,” shall be commenced within six years next after the cause of action shall accrue ? Certainly it is so barred, unless a justice’s court in Rhode Island is a court of record; for the limitation of the action is determined by the statute of the state in which the action is…
2Cases cited4 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Decouche v. SavetierNew York Court of Chancery · 1817
- Wheaton & Doolittle v. FellowsNew York Supreme Court · 1840
- Scott v. RushmanNew York Supreme Court · 1823