Hanger v. Abbott

73 U.S. 532

18 L.Ed. 939

6 Wall. 532

HANGER

v.

ABBOTT.

December Ternm, 1867

ERROR to the Circuit Court for the Eastern District of Arkansas.

J. & E. Abbott, of New Hampshire, sued Hanger, of Arkansas, in assumpsit. The latter pleaded the statute of limitations of Arkansas, which limits such action to three years The former replied the rebellion, which broke out after the cause of action accrued, and closed for more than three years all lawful courts. On demurrer, and judgment against it, and error to this court, the question here was, simply, whether the time during which the courts in Arkansas were closed on account of the rebellion, was to be excluded from the computation of time fixed by the Arkansas statute of limitations within which suits on contracts were to be brought, there being no exception by the terms of the statute itself for any such case.

Mr. Reverdy Johnson, for the plaintiff in error, cited Alabama v. Dalton in this court; ''Mr. S.C.. Eastman, contra'', placed the case on general principles of law, and on an act of Congress of June 11th, 1864, ch. cxviii.

Mr. Justice CLIFFORD delivered the opinion of the court.