United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hanger v. Abbott, 73 U.S. 6 Wall. 532 532 (1867)

Hanger v. Abbott

73 U.S. (6 Wall.) 532

Syllabus

The time during which the courts in the lately rebellious states were closed to citizens of the loyal states is, in suit brought by them since, to be excluded from the computation of the time fixed by statutes of limitation within which suits may be brought, though exception for such cause be not provided for in the statutes. And this independently of the Act of Congress of June 11, 1864.

Page 73 U. S. 533

J. & E. Abbott, of New Hampshire, sued Hanger, of Arkansas, in assumpsit. The latter pleaded the statute of limitations of Arkansas, which limits such action to three years. The former replied the rebellion, which broke out after the cause of action accrued and closed for more than three years all lawful courts. On demurrer and judgment against it and error to this Court, the question here was simply whether the time during which the courts in Arkansas were closed on account of the rebellion was to be excluded from the computation of time fixed by the Arkansas statute of limitations within which suits on contracts were to be brought, there being no exception by the terms of the statute itself for any such case.