Dinkins v. Bowers
Mississippi Supreme Court
Error to the circuit court of Madison county. Hon. W. B. CUNNINGHAM, Judge. The opinion of the court contains a sufficient statement of the case. Contended that the statute of limitations ceases from the date of issuing the original writ.
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Error to the circuit court of Madison county. Hon. W. B. CUNNINGHAM, Judge. The opinion of the court contains a sufficient statement of the case. Contended that the statute of limitations ceases from the date of issuing the original writ. New counts, or anew declaration, by way of amendment, relate back to the commencement of the suit, the same as if they were part of the original declaration; no new'plea is required, (though the defendant may plead de novo, if his cause require it,) and the. amended declaration is for all purposes to be considered-as having been filed at the outset. 1 Tidd’s…
1Opinion of the CourtSiMRALi, J.
The plaintiff sued W. M. Fowler, in assumpsit, on the 7th of. September, 1870, to recover for work and labor done, in the erection of a house; Fowler died, and the suit was revived against J. A. Dinkins, his administrator. In February, 1873, after the revival of the suit, against the administrator, the plaintiff obtained leave of the court, and filed an amended declaration, setting up the mechanic’s lien on the *221building' and lot; thereupon, the administrator filed a plea, setting up that more than six months had elapsed next before the filing of the amended declaration embracing the lien, and…
2Cited by5 opinions
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