Bennett v. Worthington
Supreme Court of Arkansas
Appeal from Ohieot Circuit Court. Hon. W. M. HaRRIsoN, Circuit Judge. We submit the following propositions: Statutes of limitations admit of an equitable as well as legal construction. Smith’s Com., 710, 814 et seg.] 18 Wend., 131. They are regarded as statutes of repose and presuppose a state of peace and access to'legally constituted tribunals.
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Appeal from Ohieot Circuit Court. Hon. W. M. HaRRIsoN, Circuit Judge. We submit the following propositions: Statutes of limitations admit of an equitable as well as legal construction. Smith’s Com., 710, 814 et seg.] 18 Wend., 131. They are regarded as statutes of repose and presuppose a state of peace and access to'legally constituted tribunals. Angelí on Lim. 9 et seg.\ 5 Peters, 470; 1 Peters, 360. In times of war and civil tumult when the. courts are closed, our civil rights are merely held in abeyance without injury till the return of law and good government: et silei leges inter arma. 2…
1Opinion of the CourtJustice ComptoN
This was an action of assumpsit brought, in the circuit court of Chicot county, by Caleb P. Bennett as administrator of the estate of John H. Steed, deceased, against Elisha Worthington, on two promissory notes, due and payable, the one, on the 22d day of March, 1860, and the other on the 21st day of January, 1861. The defendant pleaded the statute of limitations, and the plaintiff replied' that, after the accrual of the cause of action, to-wit: from October, 1861, to October, 1865, the said circuit court of Chicot county was closed, in consequence of the existence of the late civil war, so…
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