Cowhick v. Shingle
Wyoming Supreme Court
ERROR to District Court for Laramie County. Hon. Richard H; Scott, Judge. The facts in this case were stated by Mr. Justice Clark, as follows: The plaintiff in error was plaintiff below.
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ERROR to District Court for Laramie County. Hon. Richard H; Scott, Judge. The facts in this case were stated by Mr. Justice Clark, as follows: The plaintiff in error was plaintiff below. The action was brought in. the court below to recover upon a promissory note made by the defendants to plaintiff’s intestate, and which is as follows: . “$100.00. Cheyenne, Wyoming, January 3, 1888. “One year after date we jointly and severally promise to “pay to the order of John Y. Cowhick one hundred dollars, “at the First National Bank of Cheyenne, for value received, “waiving benefit of stay and…
1Opinion of the CourtClabk, Justice
(after stating the facts):
It is the settled construction of our Code of Civil Procedure that “where it appears upon the face of the petition “that' the cause of action accrued at such a period that under “the statute of limitations no action can be brought, the defendant may demur to the petition on the ground that the “petition does not state facts sufficient to constitute a cause “of action.” Sturgis et al. v. Burton et al., 8 Ohio St., 215.
It is clear that more than five years elapsed between the date the cause of action accrued upon the note and the commencement of the suit, and hence the…
Also in this document: Concurrence.
2Cases cited25 opinions
- Cross v. AllenSupreme Court of the United States · 1891
- McMullen v. . RaffertyNew York Court of Appeals · 1882
- Ooe, Ex Demise of Patterson v. Winn and OthersSupreme Court of the United States · 1831
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- United States v. WilderSupreme Court of the United States · 1872
20 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sherfey v. City of BrazilIndiana Supreme Court · 1938
- Anderson v. Wyoming Development Co.Wyoming Supreme Court · 1944
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Stubblefield v. McAuliffWashington Supreme Court · 1898
- Oleson v. WilsonMontana Supreme Court · 1898
18 more not listed; retrieve them via the Exa API.