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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Thomsen v. Mill, 248 S.W.2d 6 (1952)

Citation
Thomsen v. Mill, 248 S.W.2d 6 (1952)
Parent Document
Thomsen v. Mill, 248 S.W.2d 6 (1952)
Jurisdiction
Missouri (state)
Effective Date
1952-03-03

Full Text

1,297 chars
It has been said: "Where by statute a right of action is given which did not exist by the common law, and the statute giving the right fixes the time within which the right may be enforced, the time so fixed becomes a limitation or condition on such right, and will control, no matter in what forum the action is brought, and such rule does not make the general provisions of the statute of limitations existing in the jurisdiction where the liability was created operate extraterritorially." 53 C.J.S., Limitations of Actions,§ 30, p. 975. In this connection the same authority states: "So, if congress has the right to legislate on a cause of action, it has the right to make that legislation the law of all courts *10 into which such case may come, including a period of limitation for bringing the action. Where congress has prescribed a period within which an action may be brought under a federal statute creating the right of action, the provision will be regarded as one of substantive right setting a limit to the existence of the obligation arising under the statute, and in such a case an action may be brought in a state court within the period prescribed by federal statute, even though it would be barred by limitations of the state." 53 C.J.S., Limitations of Actions, § 32, p. 980.