Legal Opinion · Dissent
Niblack v. Goodman
Indiana Supreme Court
Decided May 15, 1879Published
From the Knox Circuit Court.
1DissentRay, J.
“ Statutes of limitation are for the repose of debtors. It has been held, that a volunteer soldier or officer in the army of the United States does not lose his residence ; he may be sued, and service may be had upon him by copy left at his place of residence.”
It seems to us that the absence of the defendant, contemplated in this section of the statute, must be such as would prevent the plaintiff, during its continuance, from enforcing his cause of action by a judgment in personam:, against the defendant. If the absent defendant maintains his residence in this State, so that such service of…
2Cases cited1 opinion
- Alexander v. AlexanderIndiana Supreme Court · 1874