Graves v. Weeks
Supreme Court of Vermont
Book Account. The action was commenced July 19, 1844. Judgment to account was rendered, and an auditor was appointed, who reported substantially as follows. The plaintiffs presented an account against the defendant, the last item of which accrued in 1832. The defendant pleaded the statute of limitations.
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Book Account. The action was commenced July 19, 1844. Judgment to account was rendered, and an auditor was appointed, who reported substantially as follows. The plaintiffs presented an account against the defendant, the last item of which accrued in 1832. The defendant pleaded the statute of limitations. The plaintiffs replied, that the defendant, at the time the plaintiff’s cause of action accrued, resided, and has continued to reside, without this state, and has not had known property, or estate, within this state, which could, by the common and ordinary process of law, be attached. It was…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The decision of the question raised by the auditor’s report depends upon the construction of the statute of limitations of 1797, which was in force at the time the cause of action in this case accrued. That statute, after limiting the time of bringing an action of account to six years, provides, [Slade’s St. 291, § 10,] that when the debtor, at the time the cause of action accrued, was without this state, the suit might be commenced within six years after the coming, or return,’ of the debtor into this state. This is not the precise language of…
2Cases cited3 opinions
- Ruggles v. KeelerNew York Supreme Court · 1808
- Kimball v. IvesSupreme Court of Vermont · 1845
- Dunning v. ChamberlinSupreme Court of Vermont · 1834
3Cited by7 opinions
- Coral Gables, Inc. v. ChristopherSupreme Court of Vermont · 1937
- Hatch v. SpoffordSupreme Court of Connecticut · 1856
- Tarbell v. Grand Trunk Railway Co.Supreme Court of Vermont · 1920
- Paine v. DrewSupreme Court of New Hampshire · 1860
- Blackburn v. Blackburn's EstateMichigan Supreme Court · 1900
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