57 P. 841 | Okla. | 1899
Opinion of the court by It was provided in the Statutes of 1890, p. 930, art. 43, sec. 2, that "the following actions may be *437 brought within the time herein limited respectively after their causes accrue, and not afterwards, except when otherwise specially declared: * * Those founded on written contracts and those brought for the recovery of real property within five years." The Statutes of Oklahoma of 1893, which went into effect August 14, 1893, provided in ch. 66, art. 3, sec. 18, that "civil actions * * can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: First. Within five years: An action upon any agreement, contract or promise in writing."
It is contended by the plaintiff in error that, since the cause of action accrued in November, 1891, after that time, and up to the 14th day of August, 1893, the statute of 1890 was applicable, and that he is entitled to the benefit of the statute of limitations provided by that statute; and that when the statute of limitations included in the Statutes of 1893, which went into force on August 14, 1893, took effect, that statute did not have the effect to extend the right of the defendant in error to recover for five years from the last-named date, but that, under the protection of the Statute of 1890, the defendant in error's right to recover ceased in November, 1896.
It is contended by the defendant in error that, while two years of the time limited for recovery upon the note had run under the statute of 1890, yet that act was repealed by the subsequent act, which went into force upon the 14th day of August, 1893, and that the computation of time within which the plaintiff was entitled to recover upon the note was extended by the operation of the last-named act, and that the statute of limitations upon the *438 note sued upon herein, under that act, was from the 14th day of August, 1893.
In the case of Schnell v. Jay,
Burwell, J., having presided in the court below, not sitting; all of the other Justices concurring.