Pollard v. Eckford
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. The material facts in this case appear in the opinion of the-court. It is assigned for error: 1. The court below erred in refusing the 1st, 2d, 3d, 4th, oth- and 6th charges asked by plaintiff. 2. In overruling plaintiff’s motion for a new trial. 3. In rendering judgment for defendant (also defendant in error), under the state of pleadings.
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Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. The material facts in this case appear in the opinion of the-court. It is assigned for error: 1. The court below erred in refusing the 1st, 2d, 3d, 4th, oth- and 6th charges asked by plaintiff. 2. In overruling plaintiff’s motion for a new trial. 3. In rendering judgment for defendant (also defendant in error), under the state of pleadings. Judgment was recovered against the decedent in his life time, and this is an action to revive the judgment against the administrator. Defendant pleaded the statute of limitations of…
1Opinion of the CourtSimrall, J.
The agreed case is this, viz: Austin Pollard recovered j udgment the 13th of November, 1860, against B. Allen. Allen died the 4th of November, I860. Kendrick was appointed administrator, June 6, 1866, and resigned October 8, 1869. Eckford was appointed administrator de bonis non, November 2, 1871. The scire facias was issued April 12,1873, to revive the judgment against Eckford.
It was ruled in the circuit court that the scire facias was barred, and the judgment was for the defendant. The correctness of that ruling and judgment is the only question in this court.
The statute commenced running…
2Cases cited4 opinions
- Vredenburgh v. SnyderSupreme Court of Iowa · 1858
- Jennings v. LoveCourt of Appeals of Mississippi · 1852
- M'Gill v. PerrigoNew York Supreme Court · 1812
- Bowen v. BonnerMississippi Supreme Court · 1871
3Cited by1 opinion
- Champion v. CayceMississippi Supreme Court · 1877