| Montana. Supreme Court - Law reports, digests, etc - 1891 - 736 pages
...fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake." It is immaterial whether the period of limitation to be applied is two years or five years, for the... | |
| North Carolina, Walter Clark - Civil procedure - 1892 - 950 pages
...recover a penalty or forfeiture imposed, or to enforce a liability created by law ; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. Stockholders.... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1048 pages
...three years; but the cause of action in such case is not deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake: Code Civ. Proc., sec. 338, subd. 4. Was the cause of action in this case saved from the bar of the... | |
| Horace Gay Wood - Limitation of actions - 1893 - 598 pages
...recover a penalty or forfeiture imposed, or to enforce a liability created by law ; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created. SEC. 4078. Acknowledgment... | |
| Minnesota. Supreme Court - Law reports, digests, etc - 1894 - 624 pages
...were voidable at their suit seasonably instituted. Such action would have to be commenced within six years after the discovery by the aggrieved party of the facts constituting the frai'd. 1878 G. 8. ch. 06, § 6. subd. G. But, if the acts constituting the fraud were committed more... | |
| Russell J. Wilson - 1895 - 166 pages
...recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created." The Code of... | |
| Seymour Dwight Thompson - Corporation law - 1895 - 1136 pages
...recover a penalty or forfeiture imposed, or to enforce a liability created by law ; but such actions must be brought within three years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached or the liability was created." As the individual... | |
| Colorado. Court of Appeals - Law reports, digests, etc - 1896 - 666 pages
...section 2174 of the Gen. Stats, of 1883 : " Bills for relief, on the ground of fraud, shall be filed within three years after the discovery by the aggrieved party, of the facts constituting the fraud, and not afterwards." And section 2180 is as follows : "• If in any action duly commenced within the... | |
| California. Commission for Revision and Reform of the Law - Administrative law - 1896 - 336 pages
...directors or stockholders of a corporation to recover a penalty or forfeiture imposed; but such actions must be brought within three years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached. SECTION 383. To be amended to read as follows:... | |
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