Berkson Bros. v. Cox
Mississippi Supreme Court
From the circuit court' of Holmes' county. Hon. C. H. Campbell, Judge. This was an action brought by appellants, on December 21, 1894, upon a judgment in their favor, rendered by the circuit court of Holmes county, on November 28, 1887. The defendants (appellees here) plead the seven years’ statute of limitations, to which plaintiff filed two replications.
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From the circuit court' of Holmes' county. Hon. C. H. Campbell, Judge. This was an action brought by appellants, on December 21, 1894, upon a judgment in their favor, rendered by the circuit court of Holmes county, on November 28, 1887. The defendants (appellees here) plead the seven years’ statute of limitations, to which plaintiff filed two replications. The-first replication set up that an execution had been issued on the judgment on December 28, 1887, and within seven years next preceding the institution of the suit, on which there had been a return of nulla T)ona on March 14, 1888. The…
1Opinion of the CourtWoods, J.
The judgment of 1887 was clearly barred. Buckner v. Pipes, 56 Miss., 366; Stith v. Parham, 57 Miss., 289; Hall v. Green, 60 Miss., 47.
Counsel is in error in supposing that Hall v. Green is not in perfect harmony with the two former cases. The error is not unnatural, however, regard being paid only to the collocation of the sentence quoted from that opinion by counsel to the effect that “the judgment was valueless except as affording the basis for the issuance of executions or the bringing of a new suit. ’ ’ The remark was made in an inappropriate connection. Evidently the meaning is that the…
2Cases cited3 opinions
- Buckner v. PipesMississippi Supreme Court · 1879
- Hall v. GreenMississippi Supreme Court · 1882
- Stith v. ParhamMississippi Supreme Court · 1879
3Cited by5 opinions
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- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Spilde v. JohnsonSupreme Court of Iowa · 1906
- In re DeutschleDistrict Court, M.D. Pennsylvania · 1910
- Garabedian v. AvedisianSupreme Court of Rhode Island · 1919