Hart v. Horn
Supreme Court of Kansas
Error from Atchison County. The facts of the case appear in the appended opinion. submitted: 1. The defendant’s plea of the statute of limitation is defective in not alleging that the cause of action arose out of the state. Mwnn v. Taiman, 2 Kas., 255 ; Parsons Mereh. L., 248. 2. But the causes of action are not barred.
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Error from Atchison County. The facts of the case appear in the appended opinion. submitted: 1. The defendant’s plea of the statute of limitation is defective in not alleging that the cause of action arose out of the state. Mwnn v. Taiman, 2 Kas., 255 ; Parsons Mereh. L., 248. 2. But the causes of action are not barred. Sec. 28, civil code, providing that if when a cause of action' accrues against a person, he be out of the state, the' statute shall not commence running until he comes into the state, applies to the causes of action mentioned in the amendatory act of Feb. 10th, 1859 (the…
1Opinion of the Court
By the Court,
Bailey, J.
This cause, which comes before us on petition in error *236from the district court of the county of Atchison, was brought in that court by the plaintiff in error, to recover the amount of the several judgments rendered against defendant in error, who was also defendant in the court below, in Davis county, in the State of Iowa.
The several matters set up by the defendant, by way of answer, were all waived, on the trial, except the two-years statute of limitations of Feb. 10, 1859.
The case was tried without the intervention of a jury, and the court found the following facts,…
2Cases cited1 opinion
- Bonifant v. DoniphanSupreme Court of Kansas · 1864
3Cited by13 opinions
- Keith v. StetterSupreme Court of Kansas · 1881
- McIntosh v. Maricopa CountyArizona Supreme Court · 1952
- Modern Woodman of America v. HesterSupreme Court of Kansas · 1903
- Arnette v. ArnetteSupreme Court of Kansas · 1947
- Beebe v. DosterSupreme Court of Kansas · 1887
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