Citation Numbers: 34 Barb. 321
Filed Date: 5/6/1861
Status: Precedential
Modified Date: 1/12/2023
Continued residence here for six years is a bar, under the statute of limitations. Temporary absence from the state, without a change of residence, is not the ex
The finding of the referee that the defendant was absent from the state by various journeys during six years, at least one year, in the aggregate, is not a sufficient finding of absence to warrant the judgment against the defendant.
Judgment reversed, and new trial ordered; costs to abide the event.
Clerke, Gould and Ingraham, Justices.]