Bill in Equity, to recover money verbally promised in support of a base-ball club. The defendant in bis answer alleges that there is no equity in the bill, that the plaintiff has an adequate remedy at law, and sets up the statute of limitations. In 1877 the plaintiff was the manager of a base-ball club in Manchester. He, the defendant, and three others, verbally agreed to pay each one sixth part of the excess of the expenses over the receipts of the club.
Good law ✅— No negative treatment on recordhow we know
Decided 1885-06-05
How this case has been cited
Cited by 10 later decisions — most recently December 2010
10 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.
¶1
An action at law is in general regarded as commenced, so as to avoid the statute of limitations, when the writ is completed with the purpose of making immediate service. But when there is no intention to have it served, or it cannot be served until some further act is done, the action is not deemed to be commenced until such act is performed.
Robinson
v. Burleigh, 5 N. H. 225;
Graves
v. Ticknor, 6 N. H. 537 ;
Hardy
v.
Corlis,
21 N. H. 356 ;
Mason
v. Cheney, 47 N. H. 24;
Brewster
v. Brewster, 52 N. H. 60. The same rule is applicable to suits in equity.
Leach
v. Noyes, 45 N. H. 364. A bill in equity must be filed in the clerk’s office, and an order of notice obtained, before it can be served upon the defendant. Rules 11,13. The date of the filing is therefore the earliest time which can be taken as the commencement of the suit.
¶2
The plaintiff’s, action is barred by the statute of limitations. This result makes it unnecessary to consider other questions raised by the case.
