Trustees of Canton Female Academy v. Gilman
Mississippi Supreme Court
Error to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. The plaintiffs in error brought their action, on September 16, 1876, against the defendant in error, for rents due on certain premises.
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Error to the Circuit Court of Madison County. Hon. S. S. Calhoon, Judge. The plaintiffs in error brought their action, on September 16, 1876, against the defendant in error, for rents due on certain premises. The declaration contained eleven counts: First, for $400, rent for the first year, commencing August 1, 1870 ; second, for $400, rent for the second year; third, fourth, fifth, and sixth counts, for $300, respectively, for rents due in the several years of 1872, 1873, 1874, and 1875 ; seventh, upon an account stated, February 7, 1874, for $800 ; eighth, for $800, money loaned and…
1Opinion of the CourtCampbell, J.
The only controversy between the parties is as to the statute of limitations. The five instructions asked by plaintiffs, and refused, relate to the time when the statute of limitations-commenced to run on plaintiffs’ cause of action, and were properly refused, because not pertinent to the issue, which is, Did the defendant acknowledge the claim sued on, in writing, within three years next before the commencement of the action ? When the statute of limitations commenced to. run. was not involved in the issue. The plaintiffs, confessing defendant’s pleas that the cause of action did not accrue…
2Cases cited3 opinions
- Hart v. BoytMississippi Supreme Court · 1877
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- Lawrence v. MangumMississippi Supreme Court · 1855
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- United States Fidelity & Guaranty Co. v. KrebsMississippi Supreme Court · 1966
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