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" No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same is contained in some writing, signed by the party to be charged thereby ; but this... "
The Practice at Law: In Equity, and in Special Proceedings, in All the ... - Σελίδα 62
των William Wait - 1872
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The Pacific Reporter, Τόμος 19

1889 - 960 σελίδες
...defines the acts which shall or may arrest the operation of the statute, and is аз follows: "J4o acknowledgment or promise shall be sufficient evidence...whereby to take the case out of the operation of this act, unless the same is contained in some writing signed by the party to be charged thereby." It is...

The Pacific Reporter, Τόμος 48

1897 - 1148 σελίδες
...elucidate the general principles by which such questions are governed. Section 24, which provides that no acknowledgment or promise shall be sufficient evidence of a new or continuing contract to take a case out of the operation of the statute, unless the same is in writing signed by the party...

The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - 1884 - 550 σελίδες
...Acknowledgment or new promise must be in writing. CCP, s. SI. No acknowledgment or promise shall be received as evidence of a new or continuing contract, whereby to take the case u.it, of the operation of this title, unless the same be contained in some writing signed by the party...

The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 σελίδες
...a new or continuing contract, whereby to wntinetake the case out of the operation of this statute, unless the same be contained in some writing signed by the party to be charged thereby. Wilcox v. Williams, 5 Nev. 206; Taylor v. Hemlrie, 8 Nev. 243. Section 31 amended,...

The Northeastern Reporter, Τόμος 126

1920 - 960 σελίδες
...the statute of limitations, which provides that— "No acknowledgment or promise shall be evidenced of a new or continuing contract, whereby to take the case out of the operation of the provisions of this act, unless the same be contained in some writing signed by the...

West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Τόμος 5

1885 - 1000 σελίδες
...continuing contract," to take a case out of the operation of the statute of limitations, "unless the same is contained in some writing, signed by the party to be charged thereby." But, I presume, the rule in pleading a contract within the statute of frauds, applies in this case. It is...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 21

California. Supreme Court - 1887 - 800 σελίδες
...new or continuing contract whereby to take the case out of the operation of this statute unless tho same be contained in some writing signed by the party to be charged thereby." (Construed in Fairbanks v. Dawson and Lord v. Morris ct al., above cited.) The land...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 7

Montana. Supreme Court, Henry Nichols Blake - 1888 - 696 σελίδες
...Procedure defines the acts which shall or may arrest the operation of the statute, and is as follows: "No acknowledgment or promise shall be sufficient...whereby to take the case out of the operation of this act, unless the same is contained in some writing signed by the party to be charged thereby." It is...

The American Decisions: Containing All the Cases of General Value ..., Τόμος 95

1888 - 884 σελίδες
...в« PROVED, it seems, under section 31 of the California statute of limitations, which provides that "no acknowledgment or promise shall be sufficient...whereby to take the case out of the operation of this statute, unless the same shall be contained in some writing, signed by the party to be charged thereby....

The New York Supplement, Τόμος 106

1908 - 1288 σελίδες
...payment or written acknowledgment or promise to pay signed by the representatives is the only competent evidence of a new or continuing contract whereby to take the case out of the statute of limitations. See, also, Schutz v. Morette, 146 NY 137, 40 NE 780. There is no allegation...




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