Legal Opinion

Shoults v. Kemp

Mississippi Supreme Court

Decided October 15, 1879PublishedCited by 3 opinions

Error to the Circuit Court of Alcorn County. Hon. J. A. GreeN, Judge. As the defendant concealed the cause of action until 1876, the plea of the Statute of Limitations was no answer to the declaration, and was demurrable. Johnson v. White, 18 S. & M. 584; M’ Oombie v. Davies, 6 East, 538. The statute was stopped by the fraud, until the discovery thereof.

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Error to the Circuit Court of Alcorn County. Hon. J. A. GreeN, Judge. As the defendant concealed the cause of action until 1876, the plea of the Statute of Limitations was no answer to the declaration, and was demurrable. Johnson v. White, 18 S. & M. 584; M’ Oombie v. Davies, 6 East, 538. The statute was stopped by the fraud, until the discovery thereof. Angelí on Lim. § 183 ; Stochs v. Van Leonard, 8 Ga. 511; Lawrence v. Trustees, 2 Denio, 577; Donnelly v. Donnelly, 8 B. Mon. 113 ; First Massachusetts Turnpike v. Field, 3 Mass. 201. The suit was for the loss of the child’s services, an…

1Opinion of the CourtGeorge, C. J.

This is an action against the defendant in error to recover damages for enticing away and abducting the minor child of the plaintiff in error. The declaration states that, in the year 1866, the defendant wrongfully and unlawfully enticed, persuaded, procured, and forced her child to depart from and leave her and her service, and that the child continued and remained absent from the plaintiff and her service from that time till the 7th day of July, 1876, a period of ten years. The declaration further avers that the defendant concealed from the plaintiff the presence and whereabouts of her said…

2Cited by3 opinions

  1. Charters v. Citizens National BankIndiana Court of Appeals · 1925
  2. Board of Trustees v. SmithMississippi Supreme Court · 1880
  3. Beddingfield v. New Orleans & N. E. R.Mississippi Supreme Court · 1915

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