Periods of limitation 335. The periods prescribed for the commenceprescribed. ment of actions other than for the recovery of real Within five years. Within four years. Within three years. property, are as follows: 336. Within five years: An action upon a judgment or decree of any Court of the United States, or of any State within the United States. 337. Within four years: An action upon any contract, obligation, or liability founded upon an instrument in writing. 338. Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture; 2. An action for trespass upon real property; 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. 339. Within two years: Same. 1. An action upon a contract, obligation, or liability, Within not founded upon an instrument of writing; 2. An action against a Sheriff, Coroner, or Constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision does not apply to an action for an escape; 3. An action upon a judgment, or upon a contract, obligation, or liability for the payment of money or damages, founded upon an instrument in writing, executed out of this State; 4. An action to recover damages for the death of one caused by the wrongful act of another. two years. one year. 1. An action upon a statute for a penalty or forfeit- Within ure, where the action is given to an individual, or to an individual and the State, except where the statute imposing it prescribes a different limitation; 2. An action upon a statute for a forfeiture or penalty to the people of this State; 3. An action for libel, slander, assault, battery, or false imprisonment; Same. Within six months. Same. Actions for relief not herein before provided for. Where cause of action accrues on mutual account. 4. An action against a Sheriff, or other officer, for the escape of a prisoner, arrested or imprisoned on civil process; 5. Upon a contract, obligation, or liability for the payment of money incurred out of this State and not founded upon a written contract. 341. Within six months: An action against an officer, or officer de facto, engaged in the collection of taxes: 1. For money paid to any such officer under protest, or seized by such officer in his official capacity as a collector of taxes, and which, it is claimed, ought to be refunded; 2. To recover any goods, wares, merchandise, or other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of or injury to any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure. 342. Actions on claims against a county, which have been rejected by the Board of Supervisors, must be commenced within six months after the first rejection thereof by such Board. 343. An action for relief not herein before provided for must be commenced within four years after the cause of action shall have accrued. 344. In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side. 345. The limitations prescribed in this Chapter apply to actions brought in the name of the State, or for the benefit of the State, in the same manner as to actions by private parties. Actions by the people subject to the limitations of this Chapter. Action to redeem a without account of rents and profits. 346. An action to redeem a mortgage of real property, with or without an account of rents and profits, mortgage may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five years after breach of some condition of the mortgage. Same, when there are two or more such 347. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an mortgages. action under the provisions of this Chapter, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear and have an accounting, for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises. CHAPTER IV. GENERAL PROVISIONS AS TO THE TIME OF COMMENCING SECTION 350. When an action is commenced. 351. Exception, where defendant is out of the State. 352. Exception, as to persons under disabilities. 353. Provision where person entitled dies before limitation When an action is com menced. Exception, where defendant is out of the State. Exception, SECTION 354. In suits by aliens, time of war to be deducted. 355. Provision where judgment has been reversed. 356. Provision where action is stayed by injunction. 357. Disability must exist when right of action accrued. 358. When two or more disabilities exist, etc. 359. This Title not applicable to actions against Directors, etc. Limitations in such cases prescribed. 360. Acknowledgment or new promise must be in writing. 362. Existing causes of action not affected. 350. An action is commenced, within the meaning of this Title, when the complaint is filed. 351. If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action. 352. If a person entitled to bring an action, mensons under tioned in Chapter III of this Title, be, at the time the as to per disabilities Provision where per dies before limitation cause of action accrued, either: 1. Within the age of majority; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution under the sentence of a criminal Court for a term less than for life; or, 4. A married woman, and her husband be a necessary party with her in commencing such action: -The time of such disability is not a part of the time limited for the commencement of the action. 353. If a person entitled to bring an action die son entitled before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time, and within six months expires. |