If no cause for delay can be shown, it would seem reasonable to require the demand to be made within the time limited by the statute for bringing the action. There is the same reason for hastening the demand, that there is for hastening the commencement... Report of the Attorney General - Page 25by Massachusetts. Attorney General's Office - 1905Full view - About this book
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1510 pages
...claim, and who by the delay may be deprived of the evidence and means of effectually defending himself. A demand must be made within a reasonable time ; otherwise...both cases the same presumptions arise from delay. In the present case, the plaintiff, by his own showing, is chargeable with great laches. He has lain... | |
| Joseph Kinnicut Angell, John Wilder May - Limitation of actions - 1869 - 756 pages
...reasonable to require the demand to be made within the time limited by the statute for bringing the action.3 There is the same reason for hastening the demand,...that there is for hastening the commencement, of the action.4 Where a note •was payable twenty-four months after demand, and it was first presented for... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 626 pages
...circumstances. If no cause for delay can be shown, it would seem reasonable to require the demand in Lie made within the time limited by the statute for bringing...both cases the same presumptions arise from delay. In the present case, the plaintiff, by his own showing, is chargeable with great laches. He has lain... | |
| Joseph Kinnicut Angell - Limitation of actions - 1876 - 772 pages
...reasonable to require the demand to be made within the time limited by the statute for bringing the action.4 There is the same reason for hastening the demand,...that there is for hastening the commencement of the action.5 Where a note was payable twenty-four months after demand, and it was first presented for payment... | |
| Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...no relief will be granted in a court of equity. What is considered a reasonable time does not seem to be settled by any precise rule. It must depend...both cases the same presumptions arise from delay." See also McDonnell v. Branch Bank, 20 Ala. 312, where the game rule was applied in an action against... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1884 - 686 pages
...claim, and who by the delay may be deprived of the evidence and means of effectually defending himself. A demand must be made within a reasonable time; otherwise...both cases the same presumptions arise from delay." Phillbrook r. Emswiler. ject. See 7 Wait Actions aud Defenses, p. 225, and the cases there cited. The... | |
| Law reports, digests, etc - 1899 - 1206 pages
...not appear to be settled by a precise rule. It must depend on circumstances. If no cause for delay be shown, it would seem reasonable to require the...for hastening the commencement of the action; and, la both cases, the same presumptions arise from delay." ' Since, therefore, the administratrix could... | |
| California. Supreme Court - Law reports, digests, etc - 1897 - 826 pages
...not appear to be settled by a precise rule. It must depend on circumstances. If no cause for delay be shown it would seem reasonable to require the demand...there is for hastening the commencement of the action; imd, in both cases, the same presumptions arise from delay." In the case at bar the court found that... | |
| Law reports, digests, etc - 1899 - 1164 pages
...not appear to be settled by a precise rule. It must depend on circumstances. If no cause for delay be shown, It would seem reasonable to require the...both cases, the same presumptions arise from delay." ' Since, therefore, the administratrix could not maintain the action because of lapse of time, it follows,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1034 pages
...by a precise rule. It must depend on circumstances. If no cause for delay be shown, it would seem 47 reasonable to require the demand to be made within...both cases, the same presumptions arise from delay.' " Since, therefore, the administratrix could not maintain the action because of lapse of time, it follows,... | |
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