Mason, Chapin & Co. v. Union Mills Paper Manufacturing Co.

Citations

• 81 Md. 446
• 32 A. 311
• 1895 Md. LEXIS 78

Syllabus

<p>Limitations — Code, Art. ¿7, sec. 5 — Absence from the State of Defendant — Attachment suit by Non-resident against Non-resident.</p> <p>A non-resident defendant who voluntarily appears in an attachment suit cannot rely upon the Statute of Limitations, although the plaintiff is also a non-resident, unless the defendant has been within this State for the statutory period after the cause of action accrued.</p> <p>A resident of another State has the same right to maintain an action in the Courts of this State that is possessed by a resident of this State, and if the suit be against a non-resident debtor, the defendant has no greater right to plead limitations against him than he has when the plaintiff is a resident of this State.</p> <p>Where both plaintiff and defendant are non-residents and the cause of action sued on is a contract made and to be performed in another State, the plaintiff is entitled to the benefit of Code, Art. 57, sec. 5, which provides that if a defendant is absent from the State when the cause of action accrues, he shall not be entitled to rely upon limitations if the plaintiff shall commence the action within the statutory period after defendant’s presence in this State.</p>