Musgrave v. McManus
New Mexico Supreme Court
Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Vollie C. Musgrave against John B. McManus, Superintendent of the State Penitentiary. Demurrers to complaint sustained and cause dismissed, and plaintiff appeals. The statute requiring actions for damages for injury to the person to be brought within three years of the date of the injury doe's not apply to a convict because he is under legal disability.
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Appeal from District Court, Santa Fe County; Abbott, Judge. Suit by Vollie C. Musgrave against John B. McManus, Superintendent of the State Penitentiary. Demurrers to complaint sustained and cause dismissed, and plaintiff appeals. The statute requiring actions for damages for injury to the person to be brought within three years of the date of the injury doe's not apply to a convict because he is under legal disability. Sections 3350, 3352, Code 1915; Angelí on Dims. 203; 31 Jac. 1; Browning v. Browning, 3 N. M. 659; 1 Chitty Crim. L. 723; Co. Litt. Sec. 199, note; 1 Chitty Crim. L. 724, 729,…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above). The several assignments of error raise but one question, to wit, is the statute requiring an action for damages for injury to the person to be brought within three years of the date of the injury tolled by the section of the statute excepting persons under any legal disability. By section 3350, Code 1915, it provided that an action for an injury to the person or reputation of any person must be brought within three years. By section 3353 it is provided as follows:
“The times limited for the bringing of actions by the…
Also in this document: Concurrence.
2Cases cited2 opinions
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