Potts v. Hines
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. J. W. 0. Watson, Judge. This action brought March T, 1876, against J. R. McCall, guardian of F. B. Potts a lunatic, for five hundred dollars, alleged to have been paid Jan. 1,1874, in satisfaction of a note for that amount, was amended April 23,1877, by filing against “ F. B. Potts, a lunatic, whose guardian is J. R. McCall,” a declaration containing six counts, each for five hundred dollars, and the last for merchandise…
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Error to the Circuit Court of Marshall County. Hon. J. W. 0. Watson, Judge. This action brought March T, 1876, against J. R. McCall, guardian of F. B. Potts a lunatic, for five hundred dollars, alleged to have been paid Jan. 1,1874, in satisfaction of a note for that amount, was amended April 23,1877, by filing against “ F. B. Potts, a lunatic, whose guardian is J. R. McCall,” a declaration containing six counts, each for five hundred dollars, and the last for merchandise sold Potts while sane. Process was then, for the first time, served on the lunatic. A demurrer to the first five counts…
1Opinion of the Court
Campbell J.
delivered the opinion of the court.
The motion to dismiss the case for want of jurisdiction was properly refused. Fenn v. Harrington, 54 Miss. 733. The action was not commenced as to Potts until he was made a party by amendment. Until then, he was a stranger to the action, and would not have been affected by a judgment in it. In suits against lunatics, both the lunatic and his guardian must be served with process. Code 1871, § 705. Before he was made a defendant, the account was barred by the Statute of Limitations of three years, which upon the facts disclosed in evidence applied…
2Cases cited1 opinion
- Fenn v. HarringtonMississippi Supreme Court · 1877
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