Bacon v. Gardner
Mississippi Supreme Court
In error from the superior chancery court; Hon. Stephen Cocke, chancellor. The opinion of the court contains a sufficient statement of the facts of the case. It has been settled in equity that filing of the bill is the commencement of the suit. House v. Peck, 9 Eng. Comm. L. R. 57; 2 Daniel’s Ch. Prac. 746; Story’s Eq.
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In error from the superior chancery court; Hon. Stephen Cocke, chancellor. The opinion of the court contains a sufficient statement of the facts of the case. It has been settled in equity that filing of the bill is the commencement of the suit. House v. Peck, 9 Eng. Comm. L. R. 57; 2 Daniel’s Ch. Prac. 746; Story’s Eq. Jur. § 750— 752, in note; lb. § 484. Contended the decision of the court below was correct, and to sustain his position, cited Ang. on Lim. 350; 9 Paige’s Ch. R. 512; 1 lb. 564.
1Opinion of the CourtJustice Clayton
The only question arising upon this record, is whether in a suit in equity, the filing of the bill stops the running of the statute of limitations, or whether the issuance of process also is necessary to constitute the commencement of the suit.
The Act of Limitations of 32 Henry 8, computes the prescription from the time run, before the test of the writs therein mentioned. But the statute of James, from which in this respect ours is a copy, does not contain this provision, but leaves it to every court to say, “ What act of the party commences the suit.” Angell on Lim. 333, n.; Ballantine, Lim.…
2Cases cited1 opinion
- Hayden v. BucklinNew York Court of Chancery · 1842
3Cited by11 opinions
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- Christian v. O'NealMississippi Supreme Court · 1872
- Swalm v. SaulsMississippi Supreme Court · 1926
- In Re Estate of StanbackMississippi Supreme Court · 1969
- Shackelford v. New York Underwriters Ins.Mississippi Supreme Court · 1940
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