Sohn v. Waterson
Supreme Court of the United States
Error to the Circuit Gourt for the District of Kansas; the case, as appeared by the pleadings, beiug thus: In 1854, one Sohn, a citizen of Ohio, obtained a judgment in one of the courts of the State named against a certain Waterson. Soon after this Waterson went to Kansas, and from 1854 became and remained a citizen of that State.
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Error to the Circuit Gourt for the District of Kansas; the case, as appeared by the pleadings, beiug thus: In 1854, one Sohn, a citizen of Ohio, obtained a judgment in one of the courts of the State named against a certain Waterson. Soon after this Waterson went to Kansas, and from 1854 became and remained a citizen of that State. On the 10th of February, 1859, four years or more after the judgment in Ohio was obtained, the legislature of Kansas passed a statute which enacted : 1 “ That all actions founded on any promissory note, bill of exchange, writing obligatory, bond, contract, judgment,…
1Opinion of the CourtJustice Bradley
The plaintiff contends that the statute of Kansas cannot' apply-to actions which accrued more than two years before its passage, because it would cut them off and defeat them altogether, and would thus impair the obligation of contracts.
A literal interpretation of the statute would have this effect. But it is evident that the legislature could not have had any such intention. The court below held, that as the defendant was a resident of Kansas when the act took effect, the time of limitation began to run. in his favor as against the present cause of action from that period; and that the…
2Cases cited1 opinion
- Ross v. DuvalSupreme Court of the United States · 1839
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