Labeaume v. Hempstead
Labeaume v. Hempstead
Opinion of the Court
delivered the opinion of the Court.
This is a proceeding before the Probate Court, by Hempstead, against the executor of Louis Labeaume, deceased, in which Court, the Court allowed Hempstead’s account. The cause was taken to the Circuit Court, and there, also, Hempstead obtained judgment In the Circuit Court, the defendant pleaded non-assumpsit of the testator, within five years next before the bringing this suit. Replication that the suit was commenced within five years after the death of the testator; demurrer and judgment fot Hempstead. The replication shows, that the debt accrued in June, 1818; that Labeaume died in January, 1822, at which time the demand was not harred; that after the death of Labeaume, Hempstead commenced his suit, within ve years after said death. The question arising out of the record is, whether, by lw, the demand was barred, after five years from the time it accrued, or not being tbu barred, had five years more barred it, after the death of Labeaume. The statute of imitations says, actions of this sort shall be brought within five years after the
The judgment of the Circuit Court is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.