Perkins v. Guy
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. John C. Atkinson, Judge, specially presiding, by agreement of parties, Hon. J. W. C. Watson having been of counsel in the case.
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Error to the Circuit Court of Marshall County. Hon. John C. Atkinson, Judge, specially presiding, by agreement of parties, Hon. J. W. C. Watson having been of counsel in the case. This was an action of assumpsit, commenced March 1, 1876, by Ella M. Guy against Thomas F. Perkins as administrator of the estate of Mrs. Dawson, on a claim of $5,000 for money loaned in November, 1866. Pleas of non assumpsit and pajunent were filed, and also the following special plea of the statute of limitations, viz. : ‘ ‘And for a further plea in this behalf the said defendant, by attorney, comes and says actio…
1Opinion of the CourtSimrall, C. J.
The question most elaborately discussed by counsel is • whether the statute of limitations of the ‘ ‘ loci contractus ’ ’ can be pleaded in bar in a foreign jurisdiction, where both parties ■ were resident in the loci contractus during the whole statu- • tory time, so as to have made the bar complete there.
The averments in the plea are to the effect that both Mrs. Dawson, the defendant’s intestate, and Miss Guy were ■ residents of the state of Tennessee for eight years after the • cause of action accrued, and that six years was the time allowed by the law of that state for bringing this suit.
I…
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3Cited by28 opinions
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