Legal Opinion · Dissent

Gates v. Powell

Montana Supreme Court

Decided December 9, 1926No. 5,980Published

1DissentJustice Matthews

with what is said by my learned associate with respect to the statute of limitations. The general rule announced is correctly stated, but in my opinion we are not dealing with a case which comes within the general rule, but with a ease with regard to which the legislature has provided a special rule for our guidance, by the enactment of section 9058, quoted in the opinion. As, under that section, “when a demand is necessary,” the period of the statute must be computed from the time “when the right to make the demand is complete,” a discussion of when plaintiff’s right of action accrued is…

2Cases cited5 opinions

  1. Newsom v. Board of CommissionersIndiana Supreme Court · 1885
  2. Adams v. . OlinNew York Court of Appeals · 1893
  3. Brown v. BronsonAppellate Division of the Supreme Court of the State of New York · 1904
  4. Wheeler v. BreslinNew York Supreme Court · 1905
  5. Duer v. Church.New York City Court · 1890

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