Maitland v. Keith
Mississippi Supreme Court
In error from the Circuit Court of Panola county. Hon. P. T. Scruggs, judge. On the 21st day of October, 1854, the plaintiffs in error sued John H. Keith, as administrator with the will annexed, of one James C. Watson, upon the record of a judgment recovered by them against said Watson, in the State of Georgia, on the 4th of October, 1842. To this, defendant pleaded the Statute of Limitations of two years, barring judgments recovered before its passage, unless suit was…
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In error from the Circuit Court of Panola county. Hon. P. T. Scruggs, judge. On the 21st day of October, 1854, the plaintiffs in error sued John H. Keith, as administrator with the will annexed, of one James C. Watson, upon the record of a judgment recovered by them against said Watson, in the State of Georgia, on the 4th of October, 1842. To this, defendant pleaded the Statute of Limitations of two years, barring judgments recovered before its passage, unless suit was instituted within that term; also the Statute of Limitations of six years. The plaintiffs replied that the said James 0.…
1Opinion of the CourtHandy, J.
This case depends upon the question, whether in an action brought upon a judgment rendered in another- state, before the passage of the Statute of Limitations of 1844, and to a plea that the action was not instituted until after the expiration of two years from the passage of the statute, it is sufficient to reply, that the defendant in the foreign judgment was never a citizen, resident, or inhabitant of this state ? in other words, whether the absence of such a defendant from this state, is to be taken as a part of the two years limited by the 14th section of that act.
The section of the…
2Cited by3 opinions
- Foster v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1895
- Kennard ex rel. McGehee v. AlstonMississippi Supreme Court · 1885
- United States Fidelity & Guaranty Co. v. RansomMississippi Supreme Court · 1941