Hawkins v. . Savage

75 N.C. 133

• Court: Supreme Court of North Carolina
• Decided: June 5, 1876
• Status: Published

Opinion

Seetle, J.

At the last term of this Court it was held., that the time elapsed from the 20th day of May, 1861, until the 1st day of January, 1870, shall not be counted so as to bar actions or suits, or to presume satisfaction or abandonment of rights, save only that actions of debt, coven ant, ¡as-, sumpsit or account upon any contract, demand or penalty incurred since the 1st day of May, 1865, and the remedies thereon shall be in all respects the same as they were in the year 1860. Edwards v. Jarvis, 74 N. C. Rep., 315.

The exception leaves all causes of action ex contractu arising before the 1st day of May, 1865, and! all actions ex- delicto between the 20th day of May, 1.861, and the 1st day of January, 1870, subject to the provisions- of the first and. general proposition.

This being an action in tort, the statute did not begin to-run until the 1st day of January, 1870s and consequently is not barred.

It is proper to remark that the- decisions of the- last terra were not published at the time this appeal was taken.

The judgment of the Superior Court is affirmed.

Let this be certified, &c.

Per Curiam;. Judgment affirmed.