Upton v. McLaughlin,
105 U.S. 640 (1881)

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U.S. Supreme Court

Upton v. McLaughlin, 105 U.S. 640 (1881)

Upton v. McLaughlin

105 U.S. 640


1. Section 5057 of the Revised Statutes (infra, p. 105 U. S. 642) does not, in the cases therein mentioned, declare that the court, wherein the suit is brought more than two years after the cause of action accrued, shall not have jurisdiction thereof. It is merely a statute of limitations, and as such should be construed and enforced.

2. If in a suit by an assignee in bankruptcy it does not appear that the defendant raised in some appropriate form, in the court of original jurisdiction the question as to the application of the statute of limitations, he is precluded from so doing in the appellate court.

3. The Code of Civil Procedure of the Territory of Wyoming is not in conflict with this ruling.

The facts are fully stated in the opinion of the Court.

Page 105 U. S. 641

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