Eyre v. Beebe

I. Without asserting that the statute of limitations is or is not properly pleaded, it is sufficient to say that the cause of action in this case did not accrue until after the recovery of the judgment and the return of the execution in the common law action' against the defendant Beebe. The plaintiff could not commence this action until such proceedings were taken and consummated. He had no right to commence it, and, therefore, no right of action *335accrued. Six years had not elapsed from the return of the execution in the former action before this was commenced.

II. Did the conduct and acts of…