Hunter v. Wilkinson
Mississippi Supreme Court
Error to the circuit court of Yazoo comity. Campbell, J. The court below should have sustained the demurrer of plaintiff in error to the replications of defendant in error (who was plaintiff below), to the plea of the statute of limitations. , The replications contained two allegations, one of fact and the other of law, and were therefore duplications.
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Error to the circuit court of Yazoo comity. Campbell, J. The court below should have sustained the demurrer of plaintiff in error to the replications of defendant in error (who was plaintiff below), to the plea of the statute of limitations. , The replications contained two allegations, one of fact and the other of law, and were therefore duplications. Stephen, -on Pleading, 252, 253, 254; 1 Chi tty, 449. The second ground of demurrer was that the replications were not a sufficient answer to plea of the statute of limitations. The first replication sets up that the accounts were due 1st…
1Opinion of the Court
SlMRALL, J.:
Indebitatus assumpsit was brought by G. B. Wilkinson, executor, etc., of- Leak, deceased, surviving partner of Barnett, deceased, to recover for medical services rendered to Isaac H. Hunter. To the plea of the statute of limitation, of three years, the plaintiff replied: 1st. That the accounts now due, respectively on the 1st of J anuary, 1861 and 1862, and deducting the time of the suspension of the statutes during the war, and for twelve months afterwards, suit was brought in proper time; 2d. Replication same as the first, with the additional averments that letters testamentary…
2Cases cited1 opinion
- Moody v. J. M. Roberts & Co.Mississippi Supreme Court · 1866
3Cited by3 opinions
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