Yazoo & M. V. R. v. McGee-Dean Co.
Mississippi Supreme Court
Appeal from the circuit court of Washington county. Hon. F. E. Everett, Judge. Suit by the Yazoo & Mississippi Valley Eailroad Company against the McG-ee-Dean Company. From an order sustaining a demurrer to the declaration, plaintiff appeals. This suit was instituted by the appellant as plaintiff in the court below, to recover of the appellee a balance alleged to be due on freight charges upon, a shipment of ■cotton.
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Appeal from the circuit court of Washington county. Hon. F. E. Everett, Judge. Suit by the Yazoo & Mississippi Valley Eailroad Company against the McG-ee-Dean Company. From an order sustaining a demurrer to the declaration, plaintiff appeals. This suit was instituted by the appellant as plaintiff in the court below, to recover of the appellee a balance alleged to be due on freight charges upon, a shipment of ■cotton. The declaration alleged that the agent had undercharged the appellee. The suit was instituted almost six years after the shipment was made. The defendant demurred to the…
1Opinion of the CourtSmith, C. J.
The statute of limitations cannot he interposed by a ■demurrer, but “must be pleaded, so that the plaintiff may, if he can, avoid the bar by replying facts which prevent it.” Hines v. Potts, 56 Miss. 346.
Reversed and remanded.
2Cases cited1 opinion
- Hines v. PottsMississippi Supreme Court · 1879
3Cited by2 opinions
- W. T. Raleigh Co. v. FortenberryMississippi Supreme Court · 1923
- Ransom v. HarrounMississippi Supreme Court · 1927