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" It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt, from lapse of time, but to afford security against stale demands, after the true state of the transactions may have been forgotten or be incapable of... "
Lower-Canada Reports - Seite 248
1854
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A Digest of the Law of Evidence on the Trial of Actions at Nisi Prius

Henry Roscoe - 1832 - 660 Seiten
...™2Id.236. ' 16 Id. 191. 7 16 Id. 168. » 11 Id. 124. phatically to be, a statute of repose. It is a wise and beneficial law, not designed merely to...from lapse of time ; but to afford security against state demands, after the true state of the transaction may have been forgotten. or bo incapable of...
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Reports of Cases at Law and in Equity, Argued and Adjudged in the ..., Band 2

Alabama. Supreme Court, Benjamin Faneuil Porter - 1836 - 602 Seiten
...HATFIELD TO. MONTGOMERY. vs. Morrison, et al* pronounces the statute of limita-*iPete.s, 351. tions to be a wise and beneficial law, not designed merely to...state of the transaction may have been forgotten, or become incapable. of explanation, by reason of the death or removal of witnesses ; that, therefore,...
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The Proceedings of the Court Convened Under the Third Canon of 1844, in the ...

Benjamin Tredwell Onderdonk - 1845 - 394 Seiten
...support as would have made it what it was intended to be, emphatically, a statute of repose. It is a wise and beneficial law, not designed merely to...time, but to afford security against stale demands," [and for a stronger reason, against stale prosecutions,] " after the true state of the transaction...
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The Proceedings of the Court Convened Under the Third Canon of 1844, in the ...

Benjamin Tredwell Onderdonk - 1845 - 346 Seiten
...be, emphatically, a statute of repose. It is a wise and beneficial law, not designed merely to niisr a, presumption of payment of a just debt, from lapse of time, but to aflbr<! security against stale demands," [and for a stronger reason, against stale prosecutions,] "...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...has been truly stated, ' that the law of limitation is a wise and beneficial law, and designed not merely to raise a presumption of payment of a just...state of the transaction may have been forgotten, or become incapable of explanation, by the death or removal of witnesses.' (By Story, J., in Bell v. Morrison,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Band 3

Georgia. Supreme Court - 1848 - 712 Seiten
...support as would have made" it what it was intended to be, emphatically a statute of repose. It is a wise and beneficial law, not designed merely to...payment of a just debt from lapse of time, but to alford security against stale demands, after the true state of the transaction may have been forgotten,...
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Questions and Answers on Law: Alphabetically Arranged. With ..., Band 2

Asa Kinne - 1852 - 736 Seiten
...1. In what light are statutes of limitations judicially looked upon 1 As wise and beneficial laws, not designed merely to raise a presumption of payment...just debt, from lapse of time, but to afford security agaiast stale demands, after the true state of the transaction may have been forgotten, or be incapable...
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Lower-Canada Reports

1854 - 582 Seiten
...the latest of the modern treatises, (1) similar language is found. " It is to be observed that tin; Statute of limitations is regarded by the Courts as...to afford security against stale, demands after the tnie state of the transaction may have been forgotten, or be incapable of explanation by reason of...
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Reports of Cases in Law and Equity, Determined in the Supreme Court ..., Band 3

Iowa. Supreme Court, George Greene (Reporter) - 1857 - 646 Seiten
...intended to be, emphatically a statute of repose. In the case above referred to, Judge Story sayst "It is a wise and beneficial law, not designed merely to raise a presumption of payment of a jnst debt from lapse of time, but to atlbrd security against stare demands, after the true state of...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868 - 780 Seiten
...limitations ; a statute which, as Justice Story says in Bellv. Morrison, (1 Pet. 360,) " was designed, not merely to raise a presumption of payment of a just...state of the transaction may have been forgotten, or become incapable of explanation by the death or removal of witnesses;" and I can perceive no reason...
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