Hanger v. Abbott
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of Arkansas. J. & B. Abbott, of New Hampshire, sued Hanger, of Arkansas, in assumpsit. The iatter pleaded the statute of limitations of Arkansas, which limits such action to three years. The former replied the rebellion, which byoke out after the cause of action accrued, and closed for more than three years all lawful courts.
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Error to the Circuit Court for the Eastern District of Arkansas. J. & B. Abbott, of New Hampshire, sued Hanger, of Arkansas, in assumpsit. The iatter pleaded the statute of limitations of Arkansas, which limits such action to three years. The former replied the rebellion, which byoke out after the cause of action accrued, and closed for more than three years all lawful courts. On demurrer, and judgment against it, and error to this court, the question here was, simply, whether the time during w’hieh the courts in Arkansas were closed on account of the rebellion, w'as to be excluded from the…
1Opinion of the CourtJustice Clifford
The declaration was in assumpsit, and the plaintiffs alleged that the defendant, on the tenth day of April, 1865, was indebted to them for divers goods, wares, and merchandise, and also for money had and received, in the sum of ten thousand dollars. Defendant appeared and pleaded two pleas in answer to the declaration:(1) That he never promised as the plaintiffs have alleged.(2) That the cause of action did not accrue at any time within three years next before the commencement of the suit.
Issue was joined by the plaintiffs on the first plea, and in answer to the second, they filed seven…
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