Auld v. Butcher
Supreme Court of Kansas
Error from, Atchison Covmty. The facts of the case appear in the opinion-of the Court. 1st. It does not appear from the petition that the action is debarred by the statute of limitation, but on the contra-ay it does appear from the petition (and also the answer) that the cause of action accrued against the defendants in the State of Ohio, and while they were out of this State; and by Section 28 of the Code of Civil Procedure; the defendants being out of the State vsdien the…
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Error from, Atchison Covmty. The facts of the case appear in the opinion-of the Court. 1st. It does not appear from the petition that the action is debarred by the statute of limitation, but on the contra-ay it does appear from the petition (and also the answer) that the cause of action accrued against the defendants in the State of Ohio, and while they were out of this State; and by Section 28 of the Code of Civil Procedure; the defendants being out of the State vsdien the action accrued against them, the statute of limitations did not commence to run against the debt until they came into…
1Opinion of the Court
By the Court,
Cobb, C. J.
The plaintiffs commenced their action in the late Territorial Court of the first Judicial District, against the defendants on the 14th day of November, 1860, alleging in their petition that the plaintiffs and defendants in the month of March 1853, entered into partnership in the business of contractors and railroad builders in the State of Ohio, dh the terms that the plaintiffs should be jointly entitled to half the profits and bear half the losses of the business; and the defendants have the like interest therein. That the business of the firm continued until March…
2Cases cited2 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Earle v. WoodMassachusetts Supreme Judicial Court · 1851
3Cited by9 opinions
- Zane v. ZaneSupreme Court of Kansas · 1869
- Bailey v. City of Baldwin CitySupreme Court of Kansas · 1925
- Severson v. BemoreSupreme Court of Oklahoma · 1929
- Osborne v. KingtonSupreme Court of Kansas · 1938
- Keyser v. LowellCourt of Appeals for the Eighth Circuit · 1902
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