Joseph P. Bradley

“ From this brief review it appears that concealment of fraud has by many courts been considered good ground for suspending the statute of limitations, even in actions at law. But this is a very different thing from attempting to avoid service of process, and cannot be cited as aiding in any way the adoption of such a rule in the latter case. Concealment of fraud prevents a party from knowing that he has been injured and has a cause of action. ”

“ Thus, if a man dies after commencing an action, and it abates by his death, and the limitation of time for bringing another action expires before the appointment of an executor or administrator, the courts have held that as there is no person to bring suit, the statute is suspended for a reasonable period, in order to give an opportunity to those interested to have the proper representative appointed. ”

“ The answer made by the plaintiffs to the plea of the statute amounts to nothing more than an allegation that the defendant, the city of Watertown, by the acts of its officers, seeks to evade the service of process. ”

“ But when a party knows that he has a cause of action, it is his own fault if he does not avail himself of those means which the law provides for prosecuting his claim, or instituting such proceedings as the law regards sufficient to preserve it. There is one class of cases which is excluded from the operation of the statute by act of law itself, by which the case in which Mr. ”

“ The complaint was duly filed, and set forth the issue by the city of three bonds for $1,000 each, bearing date, respectively, the 1st day of June, 1856, and payable on the 1st day of January, 1877, with interest thereon at the rate of 8 per cent. per annum, payable semi-annually, and with coupons annexed, to represent the successive installments of interest. ”