Johnson v. . Winslow
Supreme Court of North Carolina
ACTION upon a promissory note, begun by warrant, tried! before Buxton, >7, at Spring Term 1869, of the Superior Court, of Cumberland. The defendant pleaded, “ the Statute of Limitations.” His Honor having given judgment for the plaintiff, the defendant appealed. The facts are stated in the Opinion.
1Opinion of the CourtReade, J.
The action is upon a note dated and due in> January, 1860.
Tbe time within which an action might be brought upon said note under the Statute of Limitations was three years. The action was not brought until May 1869; so that the action was barred, unless there was something to prevent the operation of the Statue.
In 1861 an Act was passed, suspending the Statute of Limitations “ so long as this Act shall continue in force,” ch. 10, sec. 18. This provision is part of an Act usually denominated the “ Stay Law;” and it is insisted that as a Stay Law it was unconstitutional and therefore never was…
2Cited by24 opinions
- Davie v. BriggsSupreme Court of the United States · 1878
- State v. . JoynerSupreme Court of North Carolina · 1879
- McCless v. MeekinsSupreme Court of North Carolina · 1895
- State v. . BarringerSupreme Court of North Carolina · 1892
- Waldrop v. HodgesSupreme Court of North Carolina · 1949
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