Anthes v. Anthes
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. John F. MacLane, Presiding Judge. Action upon a promissory note. Judgment for plaintiff; defendant appealed." The mere temporary absence of a debtor from the state, when such debtor has a usual place of residence therein where service of summons can be had upon him, does not suspend the statute of limitations.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. John F. MacLane, Presiding Judge. Action upon a promissory note. Judgment for plaintiff; defendant appealed." The mere temporary absence of a debtor from the state, when such debtor has a usual place of residence therein where service of summons can be had upon him, does not suspend the statute of limitations. (Blodgett v. Utley, 4 Neb. 25.) The courts have held that if personal service of summons could be had on the debtor during his absence, it was the legislative intent that the statute would run during…
1Opinion of the CourtAilshie, J.
The first contention made by appellant in this caso is that the court erred in finding and holding that *308the action was not barred by the statute of limitations (secs. 4030 and 4052, Rev. Codes). The action was prosecuted by the executor of the payee to recover on a promissory note. At the time the action was instituted (March 5, 1909), the note as it appeared upon its face had been barred by the statute of limitations for a period of thirty-five days. In other words, the statutory period of five years had elapsed thirty-five days prior to .the commencement of the action. In order to avoid the…
2Cases cited25 opinions
- Bauserman v. BluntSupreme Court of the United States · 1893
- Noonan v. BradleySupreme Court of the United States · 1870
- Johnson v. PowersSupreme Court of the United States · 1891
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
20 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Couts v. RoseOhio Supreme Court · 1950
- Whitley v. Spokane & Inland Railway Co.Idaho Supreme Court · 1913
- MacLeod v. StelleIdaho Supreme Court · 1926
- Despain v. DespainIdaho Supreme Court · 1956
- Nelson v. RichardsonAppellate Court of Illinois · 1938
19 more not listed; retrieve them via the Exa API.