Adams v. Williams
Mississippi Supreme Court
Error to the Circuit Court of Grenada County. Hon. Sam. Powel, Judge. The Statute of Limitations of one year having been held to apply to an action brought May 16, 1877, against an administrator appointed Feb. 26, 1876, for an assault and battery by his intestate on Oct. 19,1875, the plaintiff brought up the case. cited Code 1871, §§ 2152, 2162; Johnson v. Pyles, 11 S. & M. 189; Byrd v. Byrd, 28 Miss. 144; Ablott v. McJElroy, 10 S. & M. 100; McQoy v. Nichols, 4 How. 31;…
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Error to the Circuit Court of Grenada County. Hon. Sam. Powel, Judge. The Statute of Limitations of one year having been held to apply to an action brought May 16, 1877, against an administrator appointed Feb. 26, 1876, for an assault and battery by his intestate on Oct. 19,1875, the plaintiff brought up the case. cited Code 1871, §§ 2152, 2162; Johnson v. Pyles, 11 S. & M. 189; Byrd v. Byrd, 28 Miss. 144; Ablott v. McJElroy, 10 S. & M. 100; McQoy v. Nichols, 4 How. 31; Lamhin v. Nye, 43 Miss. 241; Wilson v. Sibley, 54 Miss. 656 ; Hutch. Code, 831; Jennings v. Love, 24 Miss. 249. argued the…
1Opinion of the CourtCampbell, J.
The tenth section of the act of Feb. 24,1844, Hutch. Code, *39881, contained tbe exception that, “ in case of the death of the creditor or debtor before the expiration of the said term of three years, the further time of one year from the death of such creditor or debtor shall be allowed for the commencement of any such suit or action.” In Jennings v. Love, 24 Miss. 249, it was held that the nine months after grant of letters of administration during which the administrator was protected from suit, should not be computed as part of the year allowed after the death of the party. Sect. 2162 of the…
2Cases cited1 opinion
- Jennings v. LoveCourt of Appeals of Mississippi · 1852