journeys account

journeys account
A common-law rule often said to have been the origin of statutes which operate to prevent the bar by statute of limitations of a new action commenced after the expiration of the limitation period, following the failure of an action commenced within such period. 34 Am J1st Lim Ac § 279. An ancient common-law practice or doctrine under which the plaintiff might in certain cases cause a suit which had abated to be revived by the issuance of a new writ. At one time the plaintiff had as many days within which to apply to the court of chancery for the new writ as he was days' journeys from the court, allowing twenty miles for each day, but this time was later arbitrarily fixed at thirty days. The practice was referred to as being "antiquated" in 1814. Richards v Maryland Ins. Co. (US) 8 Cranch 84, 3 L Ed 496.

Ballentine's law dictionary. . 1998.

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