Osborne v. Lindstrom
North Dakota Supreme Court
Appeal from District Court, Grand Forks County, Fisk, J. Action by Judson C. Osborne against Christian L. Lindstrom. Judgment for plaintiff, and defendant appeals. It is not necessary that the law lessening the time in which to sue, should contain a provision prescribing the period within which persons holding causes of action must sue.
Read the full summary
Appeal from District Court, Grand Forks County, Fisk, J. Action by Judson C. Osborne against Christian L. Lindstrom. Judgment for plaintiff, and defendant appeals. It is not necessary that the law lessening the time in which to sue, should contain a provision prescribing the period within which persons holding causes of action must sue. Braithwaite v. Bank, 7 N. D. 358; Bigeloz0 v. Bemis, 2 Allen, 496; State v. Jones, 21 Md. 432; Burke v. AssJn. 40 Minn. 506. In determining what is a reasonable time, the Court must consider the time when the law was approved, and not the time when it took…
1Opinion of the CourtBartholomew, C. J.
This action was brought in April, 1897, upon a judgment rendered in 1883. The defendant answered, pleading the statute of limitations. To this answer a general demurrer was interposed, which was sustained, and, defendant electing to stand upon his answer, final, judgment was rendered against him, from which he appeals, assigning error upon the ruling of the court upon the demurrer.
At the time of the rendition of the judgment upon which the action was based, the period of limitation of actions upon judgments was twenty years. Section 52, Code Civ. Proc. 1877. Such remained the law until the…
2Cases cited14 opinions
- Sohn v. WatersonSupreme Court of the United States · 1873
- Price v. HopkinMichigan Supreme Court · 1865
- Gilbert v. . AckermanNew York Court of Appeals · 1899
- Hart v. BostwickSupreme Court of Florida · 1872
- Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
- Fullerton v. LammOregon Supreme Court · 1945
- Power v. KitchingNorth Dakota Supreme Court · 1901
- Steele v. GannSupreme Court of Arkansas · 1939
19 more not listed; retrieve them via the Exa API.