Cockrill v. McCurdy

Decided January 15, 1863

Supreme Court of Missouri · decided 1863-01-15

This action was brought by Cockrill, as guardian, on the 21st day of October, 1861, to recover the sum of four thousand dollars, with interest, which he alleged was due him from defendants by their promissory note, executed to him for said amount. The defendants, Dye and Wood, filed no answer.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-01-15

How this case has been cited

Cited by 4 later decisions — most recently May 1923

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bates, Judge,

¶1delivered the opinion of the court.

¶2All the evidence given by the plaintiff to show the disturbed condition of the country, as an excuse for not bringing suit within thirty days after the service of McCurdy’s notice upon him, taken together, constitutes no excuse whatever for his failure to bring the suit. During the whole thirty days, the Weston Court of Common Pleas was open to him, in which he could have sued without impediment; and during a large part of the thirty days there was no impediment to his suing in the Circuit Court of Plátte county, and he made no effort to bring suit in either of those courts.

¶3We do not go to the length of declaring that there can be no excuse for failing to bring suit within .thirty days in any case. The case does not require us to determine that ques*370tion. The evidence does not tend to show an excuse, and, therefore, it should have been excluded.

¶4Judgment reversed and cause remanded.

Judges Bay and Dryden concur.