Legal Opinion

McLaughlin v. Hoover

Oregon Supreme Court

Decided December 15, 1853PublishedCited by 16 opinions

jReserved from Washington. Assumpsit on a promissory note for five hundred and sixty dollars, made on the second day of October, 1845, and payable one year from date. Plea—Statute of Limitations. Demurrer by plaintiff.

1Opinion of the CourtWilliams, C. J.

On the day of , 1845, the first statute of limitations was enacted in this territory. On the 29th day of September, 1849, the act of 1845 was repealed, and a new statute of limitations adopted. On the 6th of January, 1853, another “Act concerning the limitation of personal actions” was put in force without any repealing clause. Each of these acts provides a bar for an action of assumpsit, if not commenced within six years after the cause of action shall have accrued. When the statute of 1845 was repealed, it had run three years against the right to sue in this case, and the defendant claims…

2Cases cited3 opinions

  1. Wood v. United StatesSupreme Court of the United States · 1842
  2. Ross v. DuvalSupreme Court of the United States · 1839
  3. Taylor v. Shields' HeirsCourt of Appeals of Kentucky · 1824

3Cited by16 opinions

  1. Sandys v. WilliamsOregon Supreme Court · 1905
  2. Stoppenback v. Multnomah CountyOregon Supreme Court · 1914
  3. Boone v. WrightCourt of Appeals of Oregon · 1991
  4. Cabell v. City of PortlandOregon Supreme Court · 1936
  5. Christiansen v. Providence Health System of Oregon Corp.Oregon Supreme Court · 2008

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