Bender v. Crawford
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. G. H Noonan. Crawford brought this suit on the twenty-sixth of July, 1869, on two promissory notes of the defendant, Bender, one for $209, made September 22, 1858, and due four months after date, and the other for $612, made September 7, 1859, due at ninety days. The statute of' limitations of four years was set up by exceptions to the petition.
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Appeal from Comal. Tried below before the Hon. G. H Noonan. Crawford brought this suit on the twenty-sixth of July, 1869, on two promissory notes of the defendant, Bender, one for $209, made September 22, 1858, and due four months after date, and the other for $612, made September 7, 1859, due at ninety days. The statute of' limitations of four years was set up by exceptions to the petition. The plaintiff treated the exceptions as an answer, and filed a replication alleging that the defendant was absent from this State until the fall of 1866, and on sundry subsequent occasions, and that in…
1Opinion of the CourtWalker, J.
The question for our consideration in this case must be settled by the forty-third section of the twelfth article of the Constitution of 1869, which reads as follows:
■'£ The statutes of limitation of civil suits were suspended by the so-called act of secession of the twenty-eighth of January, 1861, and shall be considered as suspended within this State until the acceptance of this Constitution by the United States Congress.” .
The Constitution, laws and treaties of the United States constituted the only boundary line beyond which the people of Texas could not go in declaring what should be…
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