Venable v. Paulding
Supreme Court of Minnesota
This action was brought in the district court for Ramsey county, upon a promissory note made by defendant, dated July 8, 1857, payable on demand. The action was commenced in July, 1872. The complaint alleges the amount due on the note, and states: “ That in the month of May, 1861, said defendant departed from and thereafter resided without said state, until the month of August, 1870,” &c.
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This action was brought in the district court for Ramsey county, upon a promissory note made by defendant, dated July 8, 1857, payable on demand. The action was commenced in July, 1872. The complaint alleges the amount due on the note, and states: “ That in the month of May, 1861, said defendant departed from and thereafter resided without said state, until the month of August, 1870,” &c. The answer denies the allegation of the complaint above quoted, and states that defendant “has resided and had his home and place of residence and domicil in, and been a citizen and resident of the state of…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
Gen. Stat. ch. 66, s. 15, provides, that if, after the cause of action accrues, the defendant departs from and resides out of the state, the time of his ab- ■ sence is not part of the time limited for the commencement of the action.
The plaintiff contends that this is to be construed as if it had, in terms, provided that the statute should be suspended, whenever and so long as defendant is physically without the sta+§, and has no house of his usual abode within it. In such a case, in his view, the defendant cannot properly be said to reside in the state.
To depart…
2Cases cited7 opinions
- Ennis v. SmithSupreme Court of the United States · 1853
- Burroughs v. BloomerNew York Supreme Court · 1848
- Inhabitants of Wilbraham v. Inhabitants of LudlowMassachusetts Supreme Judicial Court · 1868
- Drew v. DrewSupreme Judicial Court of Maine · 1854
- Hackett v. KendallSupreme Court of Vermont · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sweeney v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
- Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
- Stern v. National City Co.District Court, D. Minnesota · 1938
- City Co. of New York, Inc. v. SternCourt of Appeals for the Eighth Circuit · 1940
- State ex rel. Kaplan v. Kuhn, Court of Common Pleas of Ohio, Hamilton County1900
2 more not listed; retrieve them via the Exa API.