Petchell v. Hopkins
Supreme Court of Iowa
Appeal from Mahaska District Court Statute op limitations : time how computed : non-residency- op dependant: foreign statute. — Action upon a note, of which this is a copy: “ 1623-aa-. Zanesville, March 8th, 1818. “Twelve months after date I promise to pay James “ Stutson, or order, six hundred and twenty-three dollars “ and twelve cents, for value received. “(Signed) ' JOHN t. HOPKINS."
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Appeal from Mahaska District Court Statute op limitations : time how computed : non-residency- op dependant: foreign statute. — Action upon a note, of which this is a copy: “ 1623-aa-. Zanesville, March 8th, 1818. “Twelve months after date I promise to pay James “ Stutson, or order, six hundred and twenty-three dollars “ and twelve cents, for value received. “(Signed) ' JOHN t. HOPKINS." The amended petition, after alleging the indorsement of the note by the payee to the plaintiff, thus continues: “ Defendant first became a resident of Iowa on the 31st day of December, 1853, previous to which…
1Opinion of the CourtDillon, J.
stattoe wh°ens¿ C0S nm.ces By a peculiar provision of our statute (Rev., § 2962), it is enacted that the plaintiff, in his petition, may, in the first instance or by way of amendment, rely on, and state as cause of action, the matter displacing the apparent bar of the statute of limitations.
Accordingly, the plaintiff averred the time when the defendant ceased to be a resident of Ohio and first became a resident of Iowa. This was December 31, 1853. This averment of the petition is nowhere denied in the answer. The present action was brought within ten years after the .time when the defendant…
2Cases cited4 opinions
- Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
- Tagart v. IndianaSupreme Court of Missouri · 1851
- Sloan v. WaughSupreme Court of Iowa · 1865
- Smith v. CrosbyTexas Supreme Court · 1847
3Cited by4 opinions
- Thompson v. ReadSupreme Court of Iowa · 1875
- Chaloupka v. MartinSupreme Court of Iowa · 1917
- Gillett v. HillSupreme Court of Iowa · 1871
- Van Dorn v. BodleyIndiana Supreme Court · 1871