Crane v. French
Mississippi Supreme Court
Error, to the Circuit Court of Claiborne county. Hon. Hiram Cassidy, judge. Two errors have been assigned by the plaintiffs in error in this case to reverse the judgment of the court below. The’first assignment, however, relates to matter of form in pleading, and turns upon the proper form of pleading the Statute of Limitations ; that is to say, whether the plea should have been non assumpsit, infra sex annos, or actio non accrevit infra sex annos.
Read the full summary
Error, to the Circuit Court of Claiborne county. Hon. Hiram Cassidy, judge. Two errors have been assigned by the plaintiffs in error in this case to reverse the judgment of the court below. The’first assignment, however, relates to matter of form in pleading, and turns upon the proper form of pleading the Statute of Limitations ; that is to say, whether the plea should have been non assumpsit, infra sex annos, or actio non accrevit infra sex annos. The note sued on was dated 27th day of May, 1842, and became due and payable first December, 1844. The present suit was instituted the 12th of…
1Opinion of the CourtHandy, J.
This action was brought by the defendants in error, by declaration filed, and writ of capias ad respond., issued on the 12th February, 1858, against the plaintiffs in error, as administrators of James Crane, deceased, to recover on a promissory note made by the intestate. The declaration sets' forth the note as bearing date the 27th May, 1842, and as due, on its face, on the 1st day of December, 1844; and alleges a subsequent promise, on the 1st December, 1850, by the intestate, to pay the money therein; to which two pleas were filed. 1st. Won assumpsit, by the intestate. 2d. Won assumpsit…
2Cases cited1 opinion
- Utica Insurance v. BloodgoodNew York Supreme Court · 1830
3Cited by37 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Waugh v. LennardArizona Supreme Court · 1949
- Brownrigg v. DefreesCalifornia Supreme Court · 1925
- Nachman Spring-Filled Corporation v. Kay Mfg. Co.Court of Appeals for the Second Circuit · 1943
32 more not listed; retrieve them via the Exa API.