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 37-1-14 – [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, § […]
Section 37-1-15 – [Setoffs or counterclaims not barred; defendant not to receive excess.]
A setoff or counterclaim may be pleaded as a defense to any cause of action, notwithstanding such setoff or counterclaim may be barred by the preceding provisions of this chapter, if such setoff or counterclaim so pleaded was the property or right of the party pleading the same at the time it became barred and […]
Section 37-1-6 – [Accrual of cause of action on open accounts.]
Where there is an open current account the cause of action shall be deemed to have accrued upon the date of the last item therein, as proved on the trial. History: Laws 1880, ch. 5, § 7; C.L. 1884, § 1866; C.L. 1897, § 2919; Code 1915, § 3351; C.S. 1929, § 83-106; 1941 Comp., […]
Section 37-1-7 – [Accrual of cause of actions for fraud or mistake, injuries or conversion of property.]
In actions for relief, on the ground of fraud or mistake, and in actions for injuries to, or conversion of property, the cause of action shall not be deemed to have accrued until the fraud, mistake, injury or conversion complained of, shall have been discovered by the party aggrieved. History: Laws 1880, ch. 5, § […]
Section 37-1-8 – Actions against sureties on fiduciary bonds; injuries to person or reputation.
Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person for whom they are sureties is finally established or determined by a judgment or decree of the court, and […]
Section 37-1-9 – [Effect of absence from state or concealment of debtor.]
If, at any time after the incurring of an indebtedness or liability or the accrual of a cause of action against him or the entry of judgment against him in this state, a debtor shall have been or shall be absent from or out of the state or concealed within the state, the time during […]
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, § […]