Lewis v. Buckley
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion states the case. 1. The lapse of the statutory period not only bars the remedy but also extinguishes the right in this state, and the parties to the controversy, on the examination of the appellant as a witness, were dealing with a substantial right and not a mere matter of procedure.
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From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion states the case. 1. The lapse of the statutory period not only bars the remedy but also extinguishes the right in this state, and the parties to the controversy, on the examination of the appellant as a witness, were dealing with a substantial right and not a mere matter of procedure. The lapse of time had defeated the right of action as effectually as if the amount had been paid. 2. The plea of the statute was a part of the record, and its existence cannot be denied or contradicted. Pleadings in the circuit…
1Opinion of the CourtWhitfield, J.
The statute of limitations was set up in one of the pleas below. On the trial the defendant, while testifying, said: “I do not plead the statute of limitations in anything. When I owe an honest debt I ipay it. I never pleaded it in a case before, and I do not plead it in this case.” Notwithstanding this solemn declaration — a clear withdrawal of the plea — instructions were asked on both sides as if the plea were in, but the jury found for the plaintiff. It is insisted that the appellant should have had the benefit of the statute, because, with us, the lapse of the statutory period bars not…
2Cases cited5 opinions
- Crane v. FrenchMississippi Supreme Court · 1860
- Brookville National Bank v. KimbleIndiana Supreme Court · 1881
- Perkins v. GuyMississippi Supreme Court · 1877
- Wilson v. ZookMississippi Supreme Court · 1892
- Parker v. JohnsonMississippi Supreme Court · 1873
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