Opinion
June Term, 1876.
Tort — Limitations.
In an action for a tort committed in 1867, the statute of limitations does not begin to run until 1 January, 1870.
ACTION, to recover damages, tried before Moore, J., at May Term, 1876, of EDGECOMBE.
In March, 1867, the intestate of the defendant converted to his own use a quantity of fodder, the property of the plaintiff. The defendant relied upon the statute of limitations as a defense to the action. The summons was issued 30 December, 1872. Prior to the commencement of the present action, to wit, 1 April, 1870, the plaintiff commenced an action for the same cause, but in November, 1871, entered a nonsuit therein.
His Honor held that the Act of 1 March, 1867, sec. 1, 2, entitled "An act explanatory of an act entitled an act to change the jurisdiction of the courts and the rules of pleading therein," did not apply to actions for torts. The court rendered judgment for the plaintiff, and thereupon the defendant appealed.
W. H. Johnson for appellant.
Bridgers, Jr., contra.
At the last term of this Court it was held that the time elapsed from 20 May, 1861, until 1 January, 1870, shall not be counted so as to bar actions or suits, or to presume satisfaction or abandonment of rights, save only that actions of debt, covenant, assumpsit or account upon any contract, demand or penalty incurred since 1 May, 1865, and the remedies thereon shall be in all respects the same as they were in 1860. Edwards v. Jarvis, 74 N.C. 315.
The exception leaves all causes of action ex contractu arising (134) before 1 May, 1865, and all actions ex delicto between 20 May, 1861, and 1 January, 1870, subject to the provisions of the first and general proposition.
This being an action in tort, the statute did not begin to run until 1 January, 1870, and consequently is not barred.
It is proper to remark that the decisions of the last term were not published at the time this appeal was taken.
PER CURIAM. Affirmed.
Cited: Pearsall v. Kenan, 79 N.C. 474; Bruner v. Threadgill, 88 N.C. 366; Patterson v. Wadsworth, 89 N.C. 409.