[Download] "Levy v. Stewart" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Levy v. Stewart
- Author : United States Supreme Court
- Release Date : January 01, 1870
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Mr. P. Phillips, for the plaintiff in error: The first suit, which was commenced the 8th May, 1868, and which was discontinued, can have no effect upon the plea, for the code expressly provides, article 3485, that when a plaintiff, 'after making his demand, abandons or discontinues it, the interruption shall be considered as having never happened.' The question then is, what effect was produced by the war on the law of prescription, when the suit is brought in Louisiana on a contract payable in Louisiana? Before considering which question of law a point of fact–a part of the case, in truth, though not referred to in the record–must be settled. That question of fact is,–when, for the purpose of a suit by Stewart against Levy, did the war end? It ended, we suppose, in April or May, 1865.
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