Barringer v. Boyd
Mississippi Supreme Court
In error from the circuit court of Lafayette county; Hon. Hugh E. Miller, judge. This was a suit commenced in the circuit court of Lafayette county. The declaration is in debt founded on a judgment of the supreme court of the State of Tennessee, on the 1st Monday of December, 1838, in favor of plaintiffs against defendant’s intestate, W. E. Cox. First plea, is nul tiel record, and issue thereon by replication, which was decided by the court in favor of plaintiffs.
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In error from the circuit court of Lafayette county; Hon. Hugh E. Miller, judge. This was a suit commenced in the circuit court of Lafayette county. The declaration is in debt founded on a judgment of the supreme court of the State of Tennessee, on the 1st Monday of December, 1838, in favor of plaintiffs against defendant’s intestate, W. E. Cox. First plea, is nul tiel record, and issue thereon by replication, which was decided by the court in favor of plaintiffs. Second plea. “ That this action was not commenced within -two years after the 24th day of February, 1844.” Eeplication. “ That…
1Opinion of the CourtChief Justice Smith
This was an action of debt, brought in the circuit court of La Fayette county, upon a decree of the supreme court of errors and appeals of the State of Tennessee, against the plaintiff in error as the. administrator of William R. Cox, deceased.
The defendants filed, first, a plea of nul tiel record, to which there was a replication; second, a plea of the statute of limitations, in which it was averred that the said action was not commenced within two years next after the 24th of February, 1844. To this plea the plaintiffs replied, that the defendant was appointed administrator of the estate of…
2Cases cited1 opinion
- Brashear v. MasonSupreme Court of the United States · 1848
3Cited by2 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Branch Bank v. WindhamMississippi Supreme Court · 1856