Lawrence County ex rel. School Township No. 10, Township 27, Range 26 v. Dunkle
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. The endorsements on the bond, purporting to be credits entered by the clerk for payments made thereon from time to time, during a term of years, and purporting to have been made before the demand became stale and before the time limited by the statute had expired, were competent evidence to take the case out of the statute, and should not have been rejected by the court. (1 Greenl. Ev. § 121; Ang. Lim. § 242; 39 Eng.
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Appeal from Lawrence Circuit Court. The endorsements on the bond, purporting to be credits entered by the clerk for payments made thereon from time to time, during a term of years, and purporting to have been made before the demand became stale and before the time limited by the statute had expired, were competent evidence to take the case out of the statute, and should not have been rejected by the court. (1 Greenl. Ev. § 121; Ang. Lim. § 242; 39 Eng. L. & Eq. 62 ; Briggs v. Wilson, Chit. Contr. 858, 860; Anderson v. Weston, 6 Bing., N. C., 296; Hunt v. Massey, 5 B. & Ad. 902 ; Sinclair v.…
1Opinion of the CourtBates, Judge
In the year 1863, proceedings were instituted by Lawrence County to recover of the defendants for the use of township 27, in range 26, moneys belonging to the school fund of that township. Their bond for the money was dated on 6th day of February, 1850, and payable at twelve months. They set up the statute of limitations as a defence, and the plaintiff offered in evidence endorsements on the note, made by the clerk of the county court, of payments of interest, to take the case out of the statute. The court rejected this testimony, and also refused several instructions asked by the plaintiff…
2Cited by9 opinions
- Block v. DormanSupreme Court of Missouri · 1872
- County of Vernon ex rel. School Fund v. StewartSupreme Court of Missouri · 1877
- Bennett v. McCanseSupreme Court of Missouri · 1877
- Beck v. HaasMissouri Court of Appeals · 1888
- Loeffel v. HossMissouri Court of Appeals · 1881
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