Section 37-1-21 – Repealed.
History: Laws 1857-1858, p. 64; C.L. 1865, ch. 73, § 1; C.L. 1884, § 1880; C.L. 1897, § 2937; Laws 1899, ch. 63, § 1; Code 1915, § 3364; C.S. 1929, § 83-119; 1941 Comp., § 27-120; 1953 Comp., § 23-1-21; Laws 1973, ch. 138, § 14; 1979, ch. 354, § 1; 1978 Comp., § […]
Section 37-1-22 – Title in fee simple by adverse possession; action after ten years barred; definition; payment of taxes.
In all cases where any person or persons, their children, heirs or assigns, shall have had adverse possession continuously and in good faith under color of title for ten years of any lands, tenements or hereditaments and no claim by suit in law or equity effectually prosecuted shall have been set up or made to […]
Section 37-1-23 – Contractual liability; statute of limitations.
A. Governmental entities are granted immunity from actions based on contract, except actions based on a valid written contract. B. Every claim permitted by this section shall be forever barred unless brought within two years from the time of accrual. History: 1953 Comp., § 22-23-1, enacted by Laws 1976, ch. 58, § 24. ANNOTATIONS Repeals […]
Section 37-1-24 – Suits against municipalities or their officers.
No suit, action or proceeding at law or equity for the recovery of judgment upon, or the enforcement or collection of, any sum of money claimed due from any city, town or village in this state, or from any officer of any city, town or village in this state, arising out of or founded upon […]
Section 37-1-25 – [Suit, etc., on municipal and other local governmental bonds or coupons.]
No suit, action or proceeding at law or equity, for the recovery of judgment upon, or the enforcement or collection of, any bond of any county, city, town, school district or other municipality in this state, or upon any coupon thereto attached, shall be commenced except within ten years next after the date of the […]
Section 37-1-10 – Minors; incapacitated persons.
The times limited for the bringing of actions by the preceding provisions of this chapter shall, in favor of minors and incapacitated persons, be extended so that they shall have one year from and after the termination of such incapacity within which to commence said actions. History: Laws 1880, ch. 5, § 10; C.L. 1884, […]
Section 37-1-11 – [Effect of death.]
If the person entitled to a cause of action die within one year next previous to the expiration of the limitation above provided, the representatives of such persons shall have one year after such death within which to commence said action. History: Laws 1880, ch. 5, § 11; C.L. 1884, § 1870; C.L. 1897, § […]
Section 37-1-12 – [When commencement of action stayed or prevented.]
When the commencement of any action shall be stayed or prevented by injunction order or other lawful proceeding, the time such injunction order or proceeding shall continue in force shall not be counted in computing the period of limitation. History: Laws 1880, ch. 5, § 15; C.L. 1884, § 1875; C.L. 1897, § 2928; Code […]
Section 37-1-13 – [When action deemed commenced.]
The filing in the proper clerk’s office of the petition, declaration, bill or affidavit, upon the filing of which process is authorized by law to be issued, with intent that process shall issue immediately thereupon, which intent shall be presumed, unless the contrary appear, shall be deemed a commencement of the action. History: Laws 1880, […]
Section 37-1-14 – [When second suit deemed continuation of first action.]
If, after the commencement of an action, the plaintiff fail therein for any cause, except negligence in its prosecution, and a new suit be commenced within six months thereafter, the second suit shall, for the purposes herein contemplated, be deemed a continuation of the first. History: Laws 1880, ch. 5, § 12; C.L. 1884, § […]