Nathan Clifford

“ Congress has provided to the effect that where the defendant cannot be seved with process, by reason of resistance to the execution of the laws or the interruption of the ordinary course of judicial proceedings, the time during which the defendant shall be beyond the reach of legal process shall not be deemed or taken as any part of the time limited by law for the commencement of such action. ”

“ All rent due to the military authorities of the United States has been paid; and it is admitted that all rent for the premises to the 1st of May, 1862, was duly paid to the plaintiff, his claim now being for the rent of the premises for the period subsequent to the time when the decedent was ejected from the premises, and for period during which the decedent paid rent under the new contract of lease with the military authorities of the United States. ”

“ Seizure, and eviction from the premises, it is insisted by the defendant, are, under the circumstances, equivalent to sequestration to support the war; and that the decedent, inasmuch as he was compelled to give up the possession of the premises to the fuling military power, is thereby discharged from all obligation to pay the future rent to the plaintiff. ”