State v. Terry

Decided July 15, 1851

Supreme Court of Arkansas · decided 1851-07-15

Writ of Error to White Circuit Court. On the 16th August, 1849, the Bank of the State brought an action of debt against Terry, on a promissory note, dated 8th August, 1842, and due six months after its date. Defendant pleaded limitation of three years.

Decided 1851-07-15

Mr. Justice Walker

¶1delivered the opinion of the Court.

¶2The Circuit Court correctly sustained the demurer to the plaintiff’s replication. The legal effect of payment is not to take the case out of the limitation act of 1839, and place it within the act of 1844. Biscoe and others v. Stone et al., 6 Eng. 39. Durritt v. Trammell, id. 183.

¶3Let the judgment of the Circuit Court be, in all things, affirmed.