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Stale

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Courts of admiralty and of equity have not always considered themselves bound by the statute of limitations, but have generally accepted its principle, so far at least as, in the exercise of a sound discretion, to discourage long delay in bringing suit, and to deny relief in cases where commencement of suit is unreasonably delayed, especially if the defendant's situation has been changed, his evidence has been lost, or he is otherwise prejudiced by the delay. A claim which is so old that a court of equity or admiralty will refuse to entertain it on account of complainant's laches is called stale. The time is not governed by positive general rules, but depends very much on the circumstances of the case. The tendency of modern legislation and practice is to apply the statute of limitations uniformly in all the courts.