McDonald v. Jackson
Supreme Court of Iowa
Appeal from Mon/roe Gvreuit Oourt This action was commenced on tbe 2d day of November, 1879. Tbe petition contains seventeen-counts and is based upon fifteen promissory notes, executed to Jereniiali "Willcox, and a book account.
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Appeal from Mon/roe Gvreuit Oourt This action was commenced on tbe 2d day of November, 1879. Tbe petition contains seventeen-counts and is based upon fifteen promissory notes, executed to Jereniiali "Willcox, and a book account. Tbe note upon wbicli recovery is sought in tbe first count of tbe petition is for tbe sum of $2,000, dated February 14, 1868, and due January 1, 1869. Tbe seventeenth count of tbe petition is based upon a book account, tbe last item in which bears date of April 11, 1873. Tbe petition alleges that tbe plaintiff is tbe owner of all said notes and tbe book account. The…
1Opinion of the CourtDay, J.
i statu™ of c)mnge°ofS: statute. — I. Erom the allegations of the petition it appears that the note in question became due more than ten years, an(^ the last item in the account was charged more than five years, before the commencement of this action. Appellant concedes that both causes of action are apparently barred by the statute of limitations. It is claimed, however, that the causes of action are not really barred. The position of appellant is that the statute of limitations under which the causes of action accrued was repealed, without any saving clause, by the Code of 1873; that the…
2Cases cited2 opinions
- Fullerton v. SpringWisconsin Supreme Court · 1854
- Whicher v. LongSupreme Court of Iowa · 1860
3Cited by12 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Frideres v. SchiltzSupreme Court of Iowa · 1995
- Matter of Estate of WeidmanSupreme Court of Iowa · 1991
- Cooley v. MaineSupreme Court of Iowa · 1918
- Murphy v. Board of SupervisorsSupreme Court of Iowa · 1927
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