Kennard ex rel. McGehee v. Alston
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. ' Hon. J. B. Chbisman, Judge. This action was instituted on the 7th of April, 1884, in the name of J. H. Kennard, to the use of J. B. McGehee, agent for the heirs of Edward McGehee, deceased, against J. J. Alston, upon a judgment recovered on the 5th day of January, 1872, in the State of New York.
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Appeal from the Circuit Court of Wilkinson County. ' Hon. J. B. Chbisman, Judge. This action was instituted on the 7th of April, 1884, in the name of J. H. Kennard, to the use of J. B. McGehee, agent for the heirs of Edward McGehee, deceased, against J. J. Alston, upon a judgment recovered on the 5th day of January, 1872, in the State of New York. The defendant in his second plea in bar set up the statute of limitation of seven years, and in his third set up the ten years’ statute of limitation. To these pleas the plaintiff replied respectively, that at the time his cause of action- accrued,…
1Opinion of the CourtCooper, C. J.
In Maitland v. Keith, 30 Miss. 499, and Clements v. Brown, 31 *765Miss. 93, it was held that the statute of limitations was not suspended by reason of the non-residence of defendants, against whom judgments had been rendered by courts of record out of this State. This conclusion was reached by a construction of the statute of 1844, in which, after declaring limitations in certain cases, it was provided by the eleventh section, “ if any person or persons against whom there is or shall be any cause of action, as specified in the preceding sections of this act, is, are, or shall be out of this State…
2Cases cited2 opinions
- Clements v. BrownMississippi Supreme Court · 1856
- Maitland v. KeithMississippi Supreme Court · 1855
3Cited by6 opinions
- Robinson v. MooreMississippi Supreme Court · 1898
- Chappell v. ThompsonCalifornia Court of Appeal · 1913
- United States Fidelity & Guaranty Co. v. RansomMississippi Supreme Court · 1941
- Anderson v. McNealMississippi Supreme Court · 1903
- Hedges v. Louisiana Agricultural Supply Co.Mississippi Supreme Court · 1960
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