Rankin v. Turney
Court of Appeals of Kentucky
CASE 1 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. CITED— 4 Littell, 35; Blair vs. Williams. 4 Cranch, 396. 4 Wheaton, 245. 1 Duvall, 48; Ellis vs. Brannin's ex'r. Civil Code, sec. 120. 2 Met., 146; Chiles vs. Crake. 4 Yerger (94 Tenn.); Dunlap vs. Gibbs.
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CASE 1 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. CITED— 4 Littell, 35; Blair vs. Williams. 4 Cranch, 396. 4 Wheaton, 245. 1 Duvall, 48; Ellis vs. Brannin's ex'r. Civil Code, sec. 120. 2 Met., 146; Chiles vs. Crake. 4 Yerger (94 Tenn.); Dunlap vs. Gibbs. Harrington’s Ch. R. (Mich., 279); McLean vs. Barton. 3 Texas R., 192; McClenney vs. McClenney. 3 Texas R., 93 ; Swenson vs. Walker. 8 Georgia R., 236 ; Worthing vs. Johnson. 1 Cushman (Miss., 213); Ingraham vs. Regan. 7 Cranch (Va., 202); Wilson vs. Koonlz. 3 Gill Johnson (Md., 491); Carroll vs. Warring. 7 Eng. Law and Equity R.,…
1Opinion of the Court
JUDGE ROBERTSON
delivered the omios of the court:
In this action for the recovery of one thousand five hundred and twenty-nine dollars and sixty-seven cents, usurious interest paid about two years before the commencement of the suit, the circuit court sustained a demurrer to the petition on the ground that it showed that more than one year had elapsed from the tjme the cause of action accrued, and that therefore the statute of limitations barred the action.
That judgment was erroneous.
When time operates as a peremptory and not merely as a presumptive bar — as a statutory limitation and not as…
2Cited by6 opinions
- Merritt v. CravensCourt of Appeals of Kentucky · 1916
- Collins v. MackSupreme Court of Arkansas · 1877
- Stillwell v. LeavyCourt of Appeals of Kentucky · 1883
- Commissioners of the Sinking Fund v. BucknerU.S. Circuit Court for the District of Kentucky · 1891
- Board v. JollyCourt of Appeals of Kentucky · 1868
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