Searle v. Adams
Supreme Court of Kansas
Error from Douglas County. The record shows that the defendant in error commenced an action March 23d, 1861, in the District Court of Douglas county against the plaintiffs in error, on a promissory note dated April 5th, 1858, payable “ on or before ninety days from the date, with interest from date at the rate of five per cent per month.”
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Error from Douglas County. The record shows that the defendant in error commenced an action March 23d, 1861, in the District Court of Douglas county against the plaintiffs in error, on a promissory note dated April 5th, 1858, payable “ on or before ninety days from the date, with interest from date at the rate of five per cent per month.” Service of summons was had on all the makers of said note except Searle, who was not served, and the suit continued, pending until Aug. 21st, 1863, when the entire records and papers of the District Court for that county, including those in this case were…
1Opinion of the Court
By the Court,
Crozier, C. J.
In this case the irrepressible statute of limitations is again presented for consideration. Eor some years past upon the disposition of each succeeding case involving a construction of this statute, it was considered by bench and bar, that fiction itself could scarcely conceive of a new question to arise thereunder, but as term after term rolls around, there are presented new questions comparing favorably, in point of numbers, with Falstaff’s men in buckram, thus adding to the legions that have gone before, a new demonstration of the propriety and verity of the…
2Cases cited1 opinion
- Robinson v. KinneySupreme Court of Kansas · 1863
3Cited by2 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- Morton v. LeslieSupreme Court of Kansas · 1939