Saunders v. Saunders
Mississippi Supreme Court
Error to the circuit “court of the first district of Hinds county. Hon. George F. Brown, Judge. The opinion of the court contains a suffieent statement of the case. By common law, writs of error were granted in all cases except treason and felony. 2 Tidd Pr., 1134; Christie v. Richardson, 3 Term 14., 78. Formerly in this State the period of limitation was two years, with saving of like period to persons non compos mentis, infants and femes covert.
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Error to the circuit “court of the first district of Hinds county. Hon. George F. Brown, Judge. The opinion of the court contains a suffieent statement of the case. By common law, writs of error were granted in all cases except treason and felony. 2 Tidd Pr., 1134; Christie v. Richardson, 3 Term 14., 78. Formerly in this State the period of limitation was two years, with saving of like period to persons non compos mentis, infants and femes covert. How. & Hutch., 572. Yet the writ was demandable as a matter of right. Ib., 540. The Code of 1857 (p. 563, art. 9), does not expressly make the writ…
1Opinion of the CourtSiMRALt, J.
This writ of error is presented, by all the defendants to the judgment. The statute of limitations of three years is pleaded in bar, to which one of the plaintiffs in error, replies : That they were, at the date of the commencement of the suit, at the rendition of the judgment, and now, west.' The other defendants, who are under no disability set up the same matter in bar. To the replications, the plaintiffs in error demurred.
The preliminary question thus raised, is now, alone for consideration.
Art. 9th of the statute, organizing the appellate court, Code, 1857, p. 563, gives the writ of…
2Cases cited2 opinions
- Root v. McFerrinMississippi Supreme Court · 1859
- Whitworth v. CarterMississippi Supreme Court · 1868
3Cited by1 opinion
- Bridgforth v. PayneMississippi Supreme Court · 1885