(DOWNLOAD) "John Bacon, Alexander Symington, And Thomas Robins, Complainants and Appellants v. Volney E. Howard" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: John Bacon, Alexander Symington, And Thomas Robins, Complainants and Appellants v. Volney E. Howard
- Author : United States Supreme Court
- Release Date : January 01, 1857
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
The complainants are assignees of a judgment obtained by the Planters' Bank against the defendant, in the State of Mississipi. The charter of the bank has been forfeited. The complainants, as equitable owners of the judgment, demand payment by their bill. The judgment claimed by them is dated on the 19th of October, 1840, and their bill was filed on the 22d of October, 1850. Anticipating the defence of the statutes of limitation of Texas, the bill avers 'that, at the time of passage of the act of Congress of the Republic of Texas, approved June 28th, 1845, entitled 'An act to authenticate foreign judgments, and to limit suits thereon,' the defendants resided in San Antonio, Texas, and the complainants in Philadelphia–more than 2,000 miles apart; and that complainants could not, according to the regular course of the mails, and with any reasonable diligence, have learned the passage of said act, and caused suit to be instituted upon the judgment within sixty days after its passage.' The respondent has demurred to the bill, and assigns as a cause of demurrer, among other reasons, 'That the complainants, by their own showing, are barred by the first section of an act entitled 'An act of limitations,' approved February 4, 1841, and also by the fourth section of the act referred to in the bill.' If this allegation be found correct, it will be unnecessary to notice the others. On the 10th of January, 1841, the Legislature of the Republic of Texas enacted, 'That no suit, proceeding, judgment, or decree, shall be brought, prosecuted, or sustained, in any court or judicial magistracy of this Republic, on any judgment or decree of any court or tribunal of any foreign nation, State, or Territory,' &c. 'But this provision is in no degree to affect the validity or obligation of contracts, engagements, or pecuniaryliabilities, originating abroad, or the original evidence, testimony, or proof, to establish the same,' &c.
 "John Bacon, Alexander Symington, And Thomas Robins, Complainants and Appellants v. Volney E. Howard" by United States Supreme Court # Book PDF Kindle ePub Free){kind=link}