1 P. 343 | Idaho | 1881
This action was brought on a promissory note given by defendants to the plaintiffs, a copy of which appears in the. complaint filed in the court below. The note was dated October 31, 1874, and was due on demand. Suit was commenced on the same, February 28, 1880. Defendants plead the statute of limitations. Plaintiffs moved for judgment on the pleadings, which motion was allowed by the court, and judgment entered accordingly for the amount of the note, interest, and costs. From that judgment, defendants take an appeal to this court.
The question whether this action was barred by the statute of limitations depends upon the construction to be given to the language contained in section 2 of said act, which states that “when the cause of action has already accrued, the party entitled and those claiming under him shall have, after the passage of this act, the whole period herein prescribed in which to com-
The judgment of the court below is therefore affirmed.