West Feliciana Railroad v. Stockett
Mississippi Supreme Court
On appeal from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. The West Feliciana Railroad Company sued Samuel Stockett, as administrator, upon a note made by E. Stockett, deceased. The defence was the statute of limitations. The jury found for the defendant, and the plaintiff appealed. The opinion states the facts. Reviewed the statutes, and cited Abbott v. McElroy, 10 S. & M. 100. Cited Hutch.
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On appeal from the circuit court of Wilkinson county; Hon. Stanhope Posey, judge. The West Feliciana Railroad Company sued Samuel Stockett, as administrator, upon a note made by E. Stockett, deceased. The defence was the statute of limitations. The jury found for the defendant, and the plaintiff appealed. The opinion states the facts. Reviewed the statutes, and cited Abbott v. McElroy, 10 S. & M. 100. Cited Hutch. Code, 669, $ 105; lb. 831, § 12; lb. 674, $ 1; Robertson v. Alford, MS.; Dowell v. Webber, 2 S. & M. 452; 13 Wend. Rep. 267; Greenway v. Hunter, Meigs, Rep. 73; Dawes, Judge, v.…
1Opinion of the CourtChief Justice Sharkey
The plaintiff in error sued on a promissory note, made by 'defendant’s intestate, dated the 16th of May, 1842, and payable on the first of November of the same year. The defendant relied upon the statute of limitations of four years, and obtained a verdict.
By the act of 1822, actions on notes were limited to six years. This provision has not been changed. As the suit was brought on the first of June, 1848, six years had not elapsed from the maturity of the note. ' But by the act of the 24th of Feb. 1844, it is provided that no action at law or in equity shall be brought against an executor or…
2Cited by5 opinions
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