Legal Opinion

Smith v. Newby

Supreme Court of Missouri

Decided January 15, 1850PublishedCited by 12 opinions

APPEAL FROM PLATTE CIRCUIT COURT. Tliis was an action of detinue brought by tlie appellant against the appellee, to remove two negro boys, upon the following state of the case, as shown by the evidence on the trial.

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APPEAL FROM PLATTE CIRCUIT COURT. Tliis was an action of detinue brought by tlie appellant against the appellee, to remove two negro boys, upon the following state of the case, as shown by the evidence on the trial. The deceased, william M. Taylor, in his lifetime, in York county, Yirginia, owned a negro woman named Louisa. . About the spring of 1841, this negro woman disappeared — supposed to have run away, and to have run away with a strange white man, who had been in the neighborhood, and who disappeared about the same time. In the month of March, 1841, one Burgess, a resident of Platte…

1Opinion of the CourtNapton, J.

The question principally discussed in this case, turns upon the construction of the 8th section of the 3rd article of our statute of Limitations. That section provides, “ that if any person, by absconding or concealing himself, or by any other improper act of his own, prevent the commencement of any action in this act specified, such action may be commenced within the time herein limited, after the commencement of such action shall have ceased to be so prevented.” It is contended by the plaintiff, that the statute did not commence running against him .or his testator, until he had obtained…

2Cases cited1 opinion

  1. First Massachusetts Turnpike Corp. v. FieldMassachusetts Supreme Judicial Court · 1807

3Cited by12 opinions

  1. Cunningham v. SnowSupreme Court of Missouri · 1884
  2. Shelby v. ShanerSupreme Court of Oklahoma · 1911
  3. Hoffman v. ParryMissouri Court of Appeals · 1886
  4. School Dist. of City of Sedalia v. De WeeseU.S. Circuit Court for the District of Missouri · 1900
  5. State ex rel. Coleman v. WilliSupreme Court of Missouri · 1870

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