Reference

Full Case Name

James C. Roller and C. F. Shoemaker, partners trading as Roller & Shoemaker v. W. N. Meredith

Cited By

5 cases

Status

Published

Syllabus

Statute of limitations — -Debt not grounded, upon lending or contract. In au action on a recognizance of bail for stay of execution, begun by writ of sci. fa. the remedy might as well have been by action of debt and the bar of the statute cannot be pleaded, — the cause of aefion being without specialty but not grounded upon any lending or contract. Statute of limitations — Oause not form of action determines the bar. In determining whether the statute of limitations is a bar in any particular case, regard must be had to the cause and not to the form of action ; whenever the cause of action is such as would be subject to the bar if prosecuted under any form then the statute is applicable, otherwise not. Appeals — defective record — Absence of assignments. Where the record does not show that a judgment was entered on the decree of the court and where no exception was asked for or allowed in the court below and no assignment of error has been filed, there is nothing on the record for the appellate court to decide.