Musgrove v. City of Jackson
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge, decided upon the demurrers to the pleas in this case, and Hon. J. B. Chrism an presided, by interchange, at the trial. Liabilities arising by operation of law, like the duty to refund taxes illegally collected and the right to recover the money paid, are not embraced in the words “verbal contracts,” or governed by the three years’ limitation prescribed in the amendatory statute.
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge, decided upon the demurrers to the pleas in this case, and Hon. J. B. Chrism an presided, by interchange, at the trial. Liabilities arising by operation of law, like the duty to refund taxes illegally collected and the right to recover the money paid, are not embraced in the words “verbal contracts,” or governed by the three years’ limitation prescribed in the amendatory statute. Acts 1876, p. 252. Without this amendment, the Code of 1871 does not apply this limitation to contracts, and even if it were doubtful whether…
1Opinion of the CourtCooper, J.
The appellant sued the City of Jackson to recover various *392amounts paid by her testator in his life, from year to year, to the city for license fees charged for the privilege of carrying on his business .as a banker and real-estate agent. The defendant, by its third and fourth pleas, interposed the bar of the three years’ Statute of Limitations, to which pleas the plaintiff demurred. The Court overruled the demurrers, which is now assigned for error. Code of 1871, § 2151, declares that “ all actions of debt, assumpsit, or on the case, founded upon any promissory note, bill of exchange,…
2Cited by5 opinions
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- Illinois Central Railroad v. Jackson Oil & Refining Co.Mississippi Supreme Court · 1916
- Zieve v. Holstad Coffee Co.Supreme Court of Minnesota · 1936
- Wally v. L. N. Dantzler Lumber Co.Mississippi Supreme Court · 1919