The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1875-11-06
Cor Statutes Of Limitation.

lions to be met with in Gov. Thayer's
Message TO the Legislative Assembly,
that i'm relation TO the present statutes
Of Limitation Of Wyoming, is by no
means the least. They are unwise,
unjust and oppressive; and not at all
in accord with public policy.
As they now stand creditors may
bling actions in our courts, upon
State demands that should lie forgot
ten and forgiven. Actions upon a
speciality. or upon any written con-
tract, or upon II foreign judgment
may lie commenced within fifteen
years after the cause Of action has &C
crued. This time is entirely too long,
and ought not exceed five years.
Upon contracts not in writing, *
press or implied, actions may be
brought within six years. This time
shonld be reduced at least one half.
One Of the most popular ~juristS that
this country has produced, Justice
Storey, in speaking Of these statutes
which barred old, State claims, said
there was wisdom and policy in
them; that they quickened the dill
gence of creditors, and guarded limo
cent persons from being betrayed by
their W Ignorance, or their
confidence in regard to transactions
which have become dim by age. The
Supreme Court Of the United States
in 1869, in a case then before them
from Wisconsin (LefTingwell VS. War
ner) where the statutes barred the
plaintiff IN three years from recover
ing lands sold for taxes, refused to
give him any relief and said in its
opinion :
STATUTES of limitation are now re-
garded favorahly IN all courts of JUS
tice. They are statutes of repUse.
Usually they are founded in a wise
and salutary policy and promote the
ends of Justice"
In our neighboring Territory of
Colorado all contracts made without
the Territory whether in writing or
not, are barred by its statutes in twO
years after the cause of action accrues,
and foreign judgments are barred in
three years. Kansas in its Territorial
days had II similar statute of limita-
ton, and neither seem to have suf-
fered in consequence. Now the stat
ute Of limitation in Kansas bars ali
actions upon contracts after three
years, whether in writing or not.
In California actions upon judg-
ments are barred after five years; ac-
tions upon written contracts after
four years; and actions upon contracts,
express or implied, not in writing,
after two years. The States and Ter
ritories named are not unlike our
own in so many respects, that refer
ence to them will not be amiss. Each
II of them has found it TO its advan-
tage to shorten the time i'm which
creditors from abroad may pursue
the debtor class, and pounce upon
their meagye accumulations and EN-
barrass and paralize their energies
and industry.
Assam abstract proposition it may
be stated generally, that every man
should pay his fellow-man what he
owes him. This will not be contro-
Verted. The natural course of events
is for him who owes Il debt, to pay it;
and for him 10 whom a debt is due
to demand it; and any conduct which
is oppositeto this is exceptional" $50
says one of the most popular law
writers living-Parsons. The failure
to pay debts as Il rule does not arise
from dishonesty; because the average
mar of M day prefers to be consid-
cred honest among his fellow-men,
and acts accordingly, when he is
able. The dishonest man is the ex-
ception.
OftentimeS debtors are rendered
unable to pay their just debts by pub
lie calamitieS, such as the wanton
destruction of property. in time of
war, losses by fire, shipwrecks, fail
ure of crops, and other occurrences
over which they have no sort OF con-
tO'i "s"iH oy ~SiShhSoos aSSidSHiS anu
misfortune; then by business mistakes
such as bad investments and specu-
~lations, undertaken in the hest of faith,
but with poor judgment as to the re-
suit. And these things befail men
gifted with rare energy and business
tact, quite as often as they do those
less gifted in these RESPECTS, Misfor-
tunes come suddenly and nearly al
ways Unexpectedly. and carry down
and nVeryyhelm honest mon and dis