Battles v. Fobes

Massachusetts Supreme Judicial Court

Battles v. Fobes

35 Mass. 532

CourtMassachusetts Supreme Judicial Court

DecidedOctober 26, 1836

StatusPublished

Cited by3 cases

This text of 35 Mass. 532 (Battles v. Fobes) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Battles v. Fobes, 35 Mass. 532 (Mass. 1836).

Pincite

Opinion

[532]*532In this action (of assumpsit), which was pending at the time when the Revised Statutes went into operation, and in which the statute of limitations had previously been pleaded, the plaintiff was not allowed to avoid the bar by bringing his case within the provision of the Revised Stat. c. 120, § 9, that if the debtor shall be absent from, and reside out of, the State, the time of his absence shall not be taken as a part of the time limited for the commencement of the action.

W. Baylies, for the defendant,

cited Revised Stat. c. 146, § 5. [See Bickford v. Boston and Lowell Rail Road Corp. 21 Pick. 100: Sawyer v. Bancroft, 21 Pick. 210; Gay v. Richardson, ante, 417.]

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[532]*532In this action (of assumpsit), which was pending at the time when the Revised Statutes went into operation, and in which the statute of limitations had previously been pleaded, the plaintiff was not allowed to avoid the bar by bringing his case within the provision of the Revised Stat. c. 120, § 9, that if the debtor shall be absent from, and reside out of, the State, the time of his absence shall not be taken as a part of the time limited for the commencement of the action.

W. Baylies, for the defendant,

cited Revised Stat. c. 146, § 5. [See Bickford v. Boston and Lowell Rail Road Corp. 21 Pick. 100: Sawyer v. Bancroft, 21 Pick. 210; Gay v. Richardson, ante, 417.]

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Bluebook (online)

35 Mass. 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/battles-v-fobes-mass-1836.

Opinion

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