Summary

Joseph P. Bradley Chemung Canal Bank v. Lowery — Opinion of the Court

It is not the laws of Wisconsin any more than those of China which his non-resident debtor contemns by non-payment of the debt, and absence from the State: it is the laws of some other State. Therefore, there is no reason why the Statute of Limitations of Wisconsin should not run as against the non-resident creditor; at least, there is not the same reason which exists in the case of the resident creditor. If the non-resident creditor wishes to keep his action alive in other States than his own, he must reduce it to judgment, and revive that judgment from time to time.
Source: Wikisource

Joseph P. Bradley Chemung Canal Bank v. Lowery — Opinion of the Court

Amongst the grounds of demurrer, one is, 'that the complaint does not state facts sufficient to constitute a cause of action.' In another title,-'Of the limitation of actions,'-it is provided that 'the objection that the action was not commenced within the time limited can only be taken by answer.' Rev. Stat. 819. But the Supreme Court of Wisconsin has decided, that, when on the face of the complaint itself it appears that the statutory time has run before the commencement of the action, the defence may be taken by demurrer, which, for that purpose, is a sufficient answer.
Source: Wikisource

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