The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1851-09-27

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ts.sss
John Gage, fhfundant IN Efus.
This suit was instituted in August l647.
upon note Of hand and executed IL the
State of Alabama. aud which fell das in
the mnntl, Of March ls42.
The statute Of Limitations being pleaded,
an amendment 10 the petition wxs filed. nj
Lodging that the Defendant was within the
limits Of the Republic (now S.ase) Of
Texas ri the time Of the Rccruing Of this
action. and continued 10 lie absent there.
from, aud did not return to the same until
within less than four years next preceding
the institution Of this suit, IL. wit alter the
frat day OF January lsi5. And farther
added, that the Defendant. WIS always
without the limits Of The Rcpub!ie previous
to the first Of January 'siJ.
To these aver,nenta tbs Defendant ex.
cepted on the special ground tl.xt the amend
ment having shown that the Defendant re-
sided. At all times beyond the limits OF the
Republic, previous to the 1st Of January
lSi5. the running Of the statute Of Limit
atioms commenced from the maturity Of
the obligation. and Eot from tho time Of
the Defendants emigration to the country.
aud that tho facts alleged in said amend
nent ARE not sufficient IN law 10 maintain
the action.
The exception wns sustained and the
cause dismissed.
The Judgment il charged TO be errcnc.
oos on the grounds thst the statute Of Linn.
ita,ions did not commence 10 rnA- IN favor
of the Defendant anti his Il n,ersai6a 70
thu Requisite, and secondly { at the AMEND.
want consists NJ two dist, It aleg a.sous.
the first n which Is III the words OF sis
2!h section OF the t'ssate Of Lmitatiaiss,
and clearly takes the case ost Vi the oPe-
ration OF the statute, and brings u Wt1kta
the exception OF the section and wer- the
second allegation Of the amendment admit
ted to be insufficient 70 support the action.
vet the matter contained in the petition
aud other allegations Is sufficient Tor Tint
purpose. This last position is untena''le.
Ii the first allegation he sufficient, and the
second the reverse. yet they are not divishle
In their nature, so thnt Ms demurrer to the
whole pleading, Judgment should be given for
the Plaintiff The inct of the Defendant
not being in the country before the first Of
January 1915, being avered, qualities nl
other allegations IN relation 10 hi. absence
from. or presence in, the Republic. aud The
demurrer admits the facts Us s.l-dg.d. only
with this modification.
The question for decision is, whether the
cause Of action il excepted t,om the op~.
ratlons Of .hc general limitations of the
statutes, un,si the Defendants removal 10
the country, and i,s solution depends on
the true observation OF the 3Id scciiu'
which is expressed in the following terms
That II any person against whom there
is, or shall he, cause OF action. il, or shall
be, without the limits Of this Republic Vt
the time Of the accruug OF such action, or
ut any time daring which the same might
have been maintained. ti,ca the perspo en-
titled to such action shall be at liberty 70
bring the same against 81 b person. or per
sous, after his. or their return 10 the Ke
public, and the time Of such persons alb
sence shall not be accounted or taken ~ n
mart of the time limited by :his act"
II il urged that the exception operates
~ well against pcrsons coming from abroad,
or removing to the country, NJ sga!nst
citizens or residents going abroad and re-
turning alter temporary ."se"ce' ana
several au'"o',"es are cue" ~ ~h'en sum.
lar provisions IN the statutes OF other ststes
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