Horace Gray

“ The question whether the statute of limitations ceased to run from the death of the debtor until the appointment of his administrator, four years and more than four months afterwards, requires more consideration.
In the absence of express statute or controlling adjudication to the contrary, two general rules are well settled: (1) When the statute of limitations has once begun to run, its operation is not suspended by a subsequent disability to sue. ”

“ Upon the question how far a saving clause as to married women in a statute of limitations is affected by a subsequent statute of the state enlarging the rights of married women, this court, in two comparatively recent cases, has come to differing conclusions by following in each case a single decision made by the highest court of the state since the case was brought to this court from the circuit court of the United States. ”

“ The defendant below, the plaintiff in error here, is therefore entitled to judgment upon his demurrer to the petition, unless the circuit court shall see fit to allow an amendment to the plaintiff's allegations so as to aver more definitely the length of time during which the debtor was absent from the state after the maturity of the note, and before his death. ”