White v. Johnson
Mississippi Supreme Court
This was an action of trover brought in the circuit court of Yazoo county, to recover- the value of a slave claimed by plaintiffs. The suit was instituted in March, 1848, and defendant plead, not guilty, and the statute of limitations of three years. To the second plea, the plaintiffs replied, that they were infants when the cause of action accrued, and so continued until within three years next before the commencement of the suit.
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This was an action of trover brought in the circuit court of Yazoo county, to recover- the value of a slave claimed by plaintiffs. The suit was instituted in March, 1848, and defendant plead, not guilty, and the statute of limitations of three years. To the second plea, the plaintiffs replied, that they were infants when the cause of action accrued, and so continued until within three years next before the commencement of the suit. The defendant demurred generally, and the court sustained the demurrer; the plaintiffs refusing to plead further, judgment was rendered for defendant, from which…
1Opinion of the CourtJustice Clayton
The only point in this case is, whether since the statute of 1844, amendatory of the acts of limitations, there is any saving *74of the rights of infants, whose suits have not be.en brought within the time limited by that act. The question arises in an action of trover.
The act of 1844 does not contain the usual saving clause in favor of those who labor under disabilities; the doubt, therefore is, whether the saving in the previous acts is still in force, or has been repealed.
It may be first observed, that the statute of 1844 does not purport to introduce an entirely new series of enactments, and…
2Cited by10 opinions
- Stockstill v. StateMississippi Supreme Court · 2003
- Roberts v. Miss. Rep. Party State Exec. Comm.Mississippi Supreme Court · 1985
- Root v. McFerrinMississippi Supreme Court · 1859
- Ex parte McInnisMississippi Supreme Court · 1910
- Barrett v. Cedar Hill Consol. School Dist.Mississippi Supreme Court · 1920
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