Wall v. Chicago & Northwestern R'y Co.
Supreme Court of Iowa
Ajgjoeal from Garroll Ci/rcuit Court. Tub plaintiff is administrator of the estate of John "Wall, who in 1880 was an employe of the defendant, and who, by reason of the negligence of the other employes, was so injured that he soon thereafter died.
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Ajgjoeal from Garroll Ci/rcuit Court. Tub plaintiff is administrator of the estate of John "Wall, who in 1880 was an employe of the defendant, and who, by reason of the negligence of the other employes, was so injured that he soon thereafter died. It appears from the face of the petition that the cause of action accrued more than two years prior to the commencement of this action, and the defendant demurred, upon the ground that the action was barred by the statute of limitations. The demurrer was sustained, and plaintiff appeals.
1Opinion of the CourtSeevers, J.
It is conceded that this action is barred if, in legal contemplation, the defendant was a resident of -this state when it accrued, and continued to be such resident. It is provided by statute that “ the time during which a defendant is a non-resident of the state shall not be included in computing any of the periods of limitations prescribed.” Code, § 2533. The defendant is a foreign corporation, and it is insisted that it never has been a resident of this state, and that therefore the action is not barred. This thought is based on the holding in Bank of Augusta v. Earle, 13 Pet., 519, and…
2Cases cited9 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- St. Clair v. CoxSupreme Court of the United States · 1882
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
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3Cited by15 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Kokenge v. HolthausSupreme Court of Iowa · 1952
- Turcott v. RailroadTennessee Supreme Court · 1898
- Clawson v. Boston Acme Mines Development Co.Utah Supreme Court · 1928
- Winney v. Sandwich Manufacturing Co.Supreme Court of Iowa · 1892
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