Ellis v. Kelso
Court of Appeals of Kentucky
Case 39. Oni>. Pet. , APPEAL FROM MONTGOMERY CIRCUIT. Argued—The question upon w'hich this case turns is that of limitation.
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Case 39. Oni>. Pet. , APPEAL FROM MONTGOMERY CIRCUIT. Argued—The question upon w'hich this case turns is that of limitation. Did the appellant’s right of action accrue on the day of the date of the false entry on the books of Ellis and Gatewood? If so, limitation has barred the appellant, as the entry was made on the 10th of April, 1843, and this suit instituted on the 30th day of December, 1848. But it is contended that there is a material difference between the accrual of a right of action, and the cause ox foundation of action. (See the argument in the case in Hardin’s Rep., 67, and…
1Opinion of the Court
Judge Duvall
delivered the opinion of the court.
The facts of this case are stated in the opinion reported in 10 B Monroe, 36. The case was afterwards again before this court, and a judgment which had been rendered for the appellant in-the court below was reversed upon the ground that the replication to the plea of the statute of limitations was insufficient. The cause was remanded, and a third trial resulted in a verdict and judgment for Kelso, to reverse which Ellis has appealed.
The entry upon the books of the appellant, charged to have been either fraudulently or negligently made by the…
2Cases cited3 opinions
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
- Mather v. GreenMassachusetts Supreme Judicial Court · 1820
- Scott v. Scott's AdministratorCourt of Appeals of Kentucky · 1820