Massachusetts Supreme Judicial Court, 1836

Battles v. Fobes

Massachusetts Supreme Judicial Court · Decided October 26, 1836

35 Mass. 532

Cases that cite this one

1 later published case cites this decision.

Givens v. Anchor Packing, Inc. (Neb. 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*532In this action (of assumpsit), which was pending at the time when the Revised Statutes went into operation, and in which the statute of limitations had previously been pleaded, the plaintiff was not allowed to avoid the bar by bringing his case within the provision of the Revised Stat. c. 120, § 9, that if the debtor shall be absent from, and reside out of, the State, the time of his absence shall not be taken as a part of the time limited for the commencement of the action.

W. Baylies, for the defendant,

cited Revised Stat. c. 146, § 5. [See Bickford v. Boston and Lowell Rail Road Corp. 21 Pick. 100: Sawyer v. Bancroft, 21 Pick. 210; Gay v. Richardson, ante, 417.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.