Legal Opinion

Wheeler v. Brewer

Supreme Court of Vermont

Decided January 15, 1848PublishedCited by 8 opinions

Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiffs’ account amounted to $14,91, and accrued in June, 1839; and they were entitled to recover that sum, unless barred by the statute of limitations, upon which the defendant relied.

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Book Account. Judgment to account was rendered, and an auditor was appointed, who reported the facts substantially as follows. The plaintiffs’ account amounted to $14,91, and accrued in June, 1839; and they were entitled to recover that sum, unless barred by the statute of limitations, upon which the defendant relied. The plaintiffs proved, that the defendant, after the account accrued, had resided within this state less than six years, — having been absent from the state a portion of the time. The defendant insisted, that during the time of such absence he had known property within this…

1Opinion of the Court

*116The opinion of the court was delivered by

Royce, Cn. J.

The statute of 1797 was designed to conform to the ancient rule of construction, that after a statute of limitation had commenced running upon a cause of action, it would continue to run, notwithstanding any practical impediment or legal disability, which might occur. And the saving provision of that statute, in reference to the matter now under consideration, was accordingly extended only to the case, where the defendant was absent from the state, when the right of action accrued. The statute of Nov. 9, 1832, changed that rule, by…

2Cases cited3 opinions

  1. Dwight v. ClarkMassachusetts Supreme Judicial Court · 1811
  2. Hill v. BellowsSupreme Court of Vermont · 1843
  3. Tucker v. WellsSupreme Court of Vermont · 1840

3Cited by8 opinions

  1. Royce v. HurdSupreme Court of Vermont · 1852
  2. Russ v. FaySupreme Court of Vermont · 1857
  3. Farnham v. ThomasSupreme Court of Vermont · 1884
  4. Burnham v. CourserSupreme Court of Vermont · 1896
  5. Munroe v. PotterSupreme Court of Vermont · 1893

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