{
  "id": 1875618,
  "name": "Hutchinson vs. Hutchinson",
  "name_abbreviation": "Hutchinson v. Hutchinson",
  "decision_date": "1879-05",
  "docket_number": "",
  "first_page": "164",
  "last_page": "166",
  "citations": [
    {
      "type": "official",
      "cite": "34 Ark. 164"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "31 Ark., 686",
      "category": "reporters:state",
      "reporter": "Ark.",
      "opinion_index": 0
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:09:16.201435+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hutchinson vs. Hutchinson."
    ],
    "opinions": [
      {
        "text": "English, C. J.\nThomas H. Hutchinson sued John II. Hutchinson in the circuit court of Arkansas county, upon an open account for balance, after allowing credits, of $375.66.\nThe account filed with the complaint is made up of numerous items, running from July 5, 1870, to February 26,1876, amounting to $554.68 ; and the credits are entered at various dates during and after the same period.\nDefendant filed an answer of two paragraphs, the first denying that he was indebted to plaintiff as alleged, or in any sum; and the second, pleading a set-off' or counterclaim upon open account, for $950.14, filing bill of particulars made up of running items covering about the same period embraced in plaintiff\u2019s account. Plaintiff filed a replication, disputing the set-off.\nThere was a trial, and verdict in favor of plaintiff for $300.\nThe defendant filed a motion for a new trial, which was granted by the court.\nAfterwards the defendant demurred to the complaint on the following grounds:\n\u201c1. That so much of the said account sued upon, and each and every item thereof mentioned in said complaint, accruing in the years 1870, 1871, 1872 and 1873, did not accrue within three years next before the commencement of this suit, and that the same are barred by the statute of limitations.\n\u201c2. This court has no jurisdiction of the cause of action,\u201d etc.\nPlaintiff moved to strike the demurrer from the files; the court overruled the motion, gave defendant leave to withdraw his answer, etc., and sustained the demurrer to the complaint, and dismissed the cause for- want of jurisdiction, and plaintiff appealed.\nIn Collins v. Mack, 31 Ark., 686, this court decided that in an action at law the statute of limitations can not be availed of by demurrer to the complaint, but must be pleaded in bar, unless the plaintiff should be foolish enough not only to show upon the face of his complaint that a sufficient time had elapsed to bar his cause of action, but also the non-existence of any ground of avoidance, which was not done in that or this case.\nThe sum claimed in the complaint was within the jurisdiction of the court.\nReversed, and remanded for further proceedings.",
        "type": "majority",
        "author": "English, C. J."
      }
    ],
    "attorneys": [
      "Pinnell for appellants."
    ],
    "corrections": "",
    "head_matter": "Hutchinson vs. Hutchinson.\n1. Statum oi? Limitations. Demurrer for, at lato.\nThe statute of limitations can not be availed of at law by demurrer to the complaint, but must be pleaded in bar; unless the complaint shows upon its face not only that sufficient time has elapsed to bar the action, but also the non-existence of any ground of avoidance.\nAPPEAL from Arkansas Circuit Court.,\nlion. J. A. \"Williams, Circuit Judge.\nPinnell for appellants."
  },
  "file_name": "0164-01",
  "first_page_order": 164,
  "last_page_order": 166
}