Gates v. . Andrews

But a few months elapsed after the recovery of the judgment against Bridger Bishop, and the return of the execution issued thereon, before the commencement of this action. It is clear that an action, like the present, cannot be maintained until after the return of an execution, in whole or part, unsatisfied. It is insisted, by the counsel for the plaintiff, that the cause of action, within the meaning of the statute of limitations, does not accrue until the right to maintain the action is perfect. Upon the part of the defendant, it is claimed that the cause of action accrues, and the statute…