Mann v. Cooper
District of Columbia Court of Appeals
Hearing on appeals by the plaintiff from orders of the Supreme Court of the District of Columbia, holding a law term, sustaining demurrers to replications in a sci. fa. on a judgment and an action of debt on the same judgment, in which the statute of limitations was pleaded.
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Hearing on appeals by the plaintiff from orders of the Supreme Court of the District of Columbia, holding a law term, sustaining demurrers to replications in a sci. fa. on a judgment and an action of debt on the same judgment, in which the statute of limitations was pleaded. The Court in its opinion stated the case as follows: It appears that judgment was recovered by the appellant, Hannah N. Mann, against Douglas H. Cooper and F. M. Cooper, on the 26th of October, 1874, for $3,000 and costs. Upon this judgment in the Supreme Court of this District a fieri facias was issued on the 6th of…
1Opinion of the CourtChief Justice Alvey
The three pleas may be treated as one, all being of the bar of the statute of limitations, with some variation in terms only. The question, therefore, is whether, in either of the replications, a sufficient reply is furnished to prevent or arrest the running of the statute of limitations as against the judgment, and thus to defeat the bar created by the statute, and pleaded as a defense to the action?
1. The statute of limitations of actions in force in this'District is the act of Maryland of 1715, Ch. 23. By the sixth section of that act it is provided, “ That no bill, bond, judgment,…
2Cases cited7 opinions
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
- Hogan v. KurtzSupreme Court of the United States · 1877
- Randon v. TobySupreme Court of the United States · 1851
- Young v. MackallCourt of Appeals of Maryland · 1853
- Harris v. McGovernSupreme Court of the United States · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Whitman v. NoelDistrict of Columbia Court of Appeals · 1947
- Noel v. BaskinDistrict Court, District of Columbia · 1942
- Mayo v. MayoDistrict of Columbia Court of Appeals · 1986
- Lomax v. SpriggsDistrict of Columbia Court of Appeals · 1979
- Bamdad Mechanic Co. v. United Technologies Corp.District Court, D. Delaware · 1984
2 more not listed; retrieve them via the Exa API.