Section 5-234 – ACTION STAYED BY INJUNCTION OR STATUTE.
5-234. ACTION STAYED BY INJUNCTION OR STATUTE. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. History: [(5-234) C.C.P. 1881, sec. 174; R.S., R.C., & C.L., sec. 4074; […]
Section 5-304 – MARRIED WOMEN AS PARTIES.
5-304. MARRIED WOMEN AS PARTIES. A woman may while married sue and be sued in the same manner as if she were single: provided, that except in actions between husband and wife the husband shall not be chargeable in any manner with the wife’s costs or other expenses of suit. History: [(5-304) 1903, p. 345, […]
Section 5-235 – WHEN DISABILITY MUST EXIST.
5-235. WHEN DISABILITY MUST EXIST. No person can avail himself of a disability unless it existed when his right of action accrued. History: [(5-235) C.C.P. 1881, sec. 175; R.S., R.C., & C.L., sec. 4075; C.S., sec. 6628; I.C.A., sec. 5-235.]
Section 5-305 – HUSBAND AND WIFE SUED TOGETHER.
5-305. HUSBAND AND WIFE SUED TOGETHER. If a husband and wife be sued together the wife may defend her own right, and if the husband neglect to defend she may defend for his right also. History: [(5-305) C.C.P. 1881, sec. 186; R.S., R.C., & C.L., sec. 4094; C.S., sec. 6638; I.C.A., sec. 5-305.]
Section 5-236 – COEXISTING DISABILITIES.
5-236. COEXISTING DISABILITIES. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed. History: [(5-236) C.C.P. 1881, sec. 176; R.S., R.C., & C.L., sec. 4076; C.S., sec. 6629; I.C.A., sec. 5-236.]
Section 5-237 – ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.
5-237. ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS. This chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery by the aggrieved party of the facts upon […]
Section 5-238 – ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT.
5-238. ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to […]
Section 5-239 – ACTIONS BARRED IN ANOTHER STATE.
5-239. ACTIONS BARRED IN ANOTHER STATE. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him […]
Section 5-240 – “ACTION” INCLUDES SPECIAL PROCEEDING.
5-240. "ACTION" INCLUDES SPECIAL PROCEEDING. The word "action" as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. History: [(5-240) C.C.P. 1881, sec. 181; R.S., R.C., & C.L., sec. 4080; C.S., sec. 6633; I.C.A., sec. 5-240.]
Section 5-241 – ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY.
5-241. ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an […]