Swift v. Vaughn
New York Supreme Court
The declaration contained the common counts in assumpsit, to which the second plea was, that the defendant .did not at any time within six years .next before the exhibiting of the bill of the plaintiff, undertake &c. The third plea was, that the supposed causes of action did not nor did either of them accrue within six years next before the exhibiting of the bill &c.
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The declaration contained the common counts in assumpsit, to which the second plea was, that the defendant .did not at any time within six years .next before the exhibiting of the bill of the plaintiff, undertake &c. The third plea was, that the supposed causes of action did not nor did either of them accrue within six years next before the exhibiting of the bill &c. Replications, affirming the matters denied by the pleas, but using the words the commencement of the suit, instead of “ the exhibiting of the bill.” Demurrers, assigning for cause that the replications do not follow the words of…
1Opinion of the Court
By the Court, Bronson, J.
The notion that suits are commenced by bill, except when brought against officers of the court, was always a pure fiction in this state; and if it is still proper to keep it up for any purpose, it is time that it was laid aside in pleading the statute of limitations. Suits against natural persons are now commenced either by capias or by declaration; (2 R. S. 347, § 1;) and they are not well begun for the purpose of saving the statute until the process or declaration has been actually served, or the capias has been issued to the sheriff of the proper county, in good…
2Cases cited1 opinion
- Bank of Orange County v. HaightNew York Supreme Court · 1835