Morrow v. Turner

Citations

• 16 Del. 332

Syllabus

<p>Statute of limitations.—The statute of limitations proceeds upon the ground that after a certain time a debt is presumed to have been discharged, and this presumption is rebutted by subsequent acknowledgement of indebtedness, as a subsisting domain.</p> <p>Same.—Under the saving clause of the statute of limitations which provides that if a person is out of the State when the cause of action accrued, the statute will not commence to run until such person shall come into the State in such manner that by reasonable diligence he may be served with process, it is a question for the jury under all the circumstances whether the time and manner of his return and the diligence of the plaintiff were sufficient.</p> <p>Same.—It is not any coming into the State that will set the statute of limitations in operation; but where the debtor comes into the State openly and notoriously so as to be visible to all that choose to seek after him resorting to no concealment or other step to prevent his creditor’s knowing of his presence and so remains that his creditor knew or under all the circumstances and by the exercise of reasonable diligence, ought to have known of his presence in the State; and remains long enough for him to sue out process which might by reason of his continued presence, have been served by the SheriE, the act of limitations commences to run from the time of such return and reasonable opportunity for service of process, and never stops afterwards.</p>