Imágenes de páginas
PDF
EPUB

In all other cases, within four years after cause of action accrued.

Contracts entered into prior to March 2, 1877, are controlled by the provisions of the act of 1867, which provides that actions must be commenced :

Within Five Years.—Upon a judgment or decree of any Court of the United States, or of any State or Territory within the United States.

Within Four Years.—Upon any contract, obligation, or liability, founded upon an instrument in writing.

Within Three Years.As above stated.

Within Two Years.As above, and actions on an open account for goods, wares, and merchandise sold and delivered.

Also an action for any article charged in a store account.

General Provisions.

Limitation does not run against a party during absence from State, and if when a cause of action shall accrue against a party, he be out of the State, the action may be commenced within the time limited after his return to the State.

The statute does not run against a married woman, or a person under the age of twenty-one years; one insane, or imprisoned on criminal charge, where term of imprisonment does not extend to life.

An action upon a judgment, contract, obligation, or liability, for the payment of money or damages obtained, made, executed, or issued out of the State, can only be commenced as follows:

1. Within one year, when prior to the passage of the act, (March 5, 1867) more than two and less than five years have elapsed since the cause of action accrued.

2. Within six months, when prior to the passage of the act, more than five years have elapsed since the cause of action accrued.

3. Within two years, in all other cases, after the cause of action accrued ; a right of action shall be deemed to have accrued on a judgment at the time of its rendition.

When the cause of action has arisen in any other State or Territory of the United States, or in a foreign country, and by the laws thereof an action cannot be maintained against a person by reason of the lapse of time, no action thereon shall be maintained against him in this State.

No acknowledgment or new promise shall take the case out of the statute, except it be in writing, signed by the party to be charged.

Actions for recovery of possession of real estate must be commenced within five years, except actions for the recovery of mining ground, which must be commenced within two years from time cause of action accrued.

[blocks in formation]

Writs of attachment may be issued with summons, or at any

time afterward :

1. In an action upon a contract for the direct payment of money, made, or by the terms thereof, payable in this State, which is not secured by mortgage, lien, or pledge upon real or personal property, situated or being in the State ; if so secured, when such security has been rendered nugatory by the act of the defendant.

2. In an action upon a contract against a defendant not residing in this State.

Writ to be issued upon filing of an affidavit to be made by plaintiff, or some one on his behalf, setting forth the statutory grounds for issuance of the writ.

Plaintiff must give bond to secure defendant against damage arising from the issuance of the writ, in case the attachment is dismissed, or the defendant recover in the action.

Real and personal property, debts and credits, stocks or shares in any corporation, may be attached in the manner pointed out by the statute.

CHAPTER V.

ARREST IN CIVIL ACTIONS.

The defendant may be arrested in the following cases :

1. In an action for the recovery of money or damages, on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the State with intent to defraud his creditors, or when the action is for libel or slander.

2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office, or in professional employment, or for willful violation of duty.

3. In an action to recover the possession of personal property unjustly detained, when the property or any part thereof has been concealed, removed, or disposed of, so that it cannot be found or taken by the Sheriff.

4. When the defendant has been guilty of a fraud in contracting the debt, or incurring the obligation for which the action is brought, or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought.

5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.

The order of arrest is only issued upon filing an affidavit and bond as required by statute--bond to be for a sum not less than four hundred dollars.

CHAPTER VI.

JUDGMENTS AND JUDGMENT LIENS.

From time judgment is docketed it becomes a lien upon all real property of the judgment debtor, not exempted from execution in the county, owned by him at the time, or which he may afterward acquire, until the lien expires. Lien of judgment continues for two years, unless the judgment be previously satisfied. Personal property, not exempt from execution, is only held for satisfaction of judgment after levy of execution thereon.

CHAPTER VII.

EXECUTIONS, EXEMPTIONS, SALE AND REDEMPTION.

Execution may issue for the enforcement of a judgment at any time within five years after the entry thereof, and may be issued to the Sheriff of any county in the State in proper cases.

EXEMPTIONS. The following property of the judgment debtor is exempt from execution :

1. Chairs, tables, desks, and books to the value of $100.

2. Necessary household furniture, wearing apparel, beds, bedding, provisions, and firewood sufficient for one month.

3. Farming utensils; also, two oxen, or two horses, or two mules, and their harness; two cows, one cart or wagon; and food for such oxen, horses, cows, or mules for one month ; also, all seed-grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing, at any time within the ensuing six months, not exceeding in value $400.

4. The tools and implements of a mechanic or artisan necessary to carry on his trade; the instruments and chests of a surgeon, physician, surveyor, and dentist, necessary to the exercise of their profession, with their scientific and professional libraries, and the libraries of an attorney or counselor, and the libraries of ministers of the gospel.

5. The cabin or dwelling of a miner, not exceeding in value $500; also, all tools and implements necessary for carrying on any mining operation, not exceeding in value $500; and two horses, mules, or oxen, with their harnesses, and food for the same for one month, when necessary to be used in such mining operations.

6. Two oxen, two horses, or two mules, and their harness, and one cart or wagon, by the use of which a cartman, huckster, peddler, teamster, or other laborer, habitually earns his living; and one horse, with vehicle and harness, or other equipments used by a physician, or surgeon, or minister of the gospel in making his professional visits, and food for such oxen, mules, or horses, for one month.

7. One sewing-machine, not exceeding in value $150, in actual use by the debtor or his family.

8. All fire-engines, hooks and ladders, and all apparatus and furniture belonging to any fire company or department.

9. All arms, uniforms, and accoutrements required by law to be kept by any person.

10. All court-houses, jails, public offices and buildings, lots, grounds, and personal property ; the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the court-house, jail, and public offices belonging to any county in this State; and all cemeteries, public squares, parks and places, public buildings, town halls, public markets, buildings for the use of the fire department and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this State.

« AnteriorContinuar »