Hawkins v. . Savage
Supreme Court of North Carolina
Civil Actiost, to recover damages, tried before Moore, J., at May Term, 1876, of Edgecombe Superior Court. ■In March, 1867, the intestate of the defendant converted, to his own use, a quantity of fodder, the property of the plaintiff. The -defendant relied upon the Statute of Limitations as a defence to the action.
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Civil Actiost, to recover damages, tried before Moore, J., at May Term, 1876, of Edgecombe Superior Court. ■In March, 1867, the intestate of the defendant converted, to his own use, a quantity of fodder, the property of the plaintiff. The -defendant relied upon the Statute of Limitations as a defence to the action. The summons was issued December 30th, 1872. Prior to the commencement of the present action, to-wit: April 1st, 1870, the plaintiff commenced an action for the same cause, but in November, 1871, •entered a non-suit therein. His Honor held that the Act of March 1st, 1867, secs. 1-2,…
1Opinion of the CourtSeetle, J.
At the last term of this Court it was held., that the time elapsed from the 20th day of May, 1861, until the 1st day of January, 1870, shall not be counted so as to bar actions or suits, or to presume satisfaction or abandonment of rights, save only that actions of debt, coven ant, ¡as-, sumpsit or account upon any contract, demand or penalty incurred since the 1st day of May, 1865, and the remedies thereon shall be in all respects the same as they were in the year 1860. Edwards v. Jarvis, 74 N. C. Rep., 315.
The exception leaves all causes of action ex contractu arising before the 1st day of…
2Cases cited1 opinion
- Edwards v. . JarisSupreme Court of North Carolina · 1876
3Cited by4 opinions
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Patterson v. . WadsworthSupreme Court of North Carolina · 1883
- Pearsall v. . KenanSupreme Court of North Carolina · 1878
- Edwards v. . JarisSupreme Court of North Carolina · 1876