Foster v. Yazoo & Mississippi Valley Railroad
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John I). Gilland, Judge. On March 20, 1894, appellant, C. W. Foster, an infant, by his next friend, William Foster, sued appellee for the death of his father, caused by the alleged wrongful act of defendant June 22, 1892. Defendant pleaded that the action was barred because not begun within one year after the death, as provided by § 663, code 1892. To this plea plaintiff replied that, at the. time of the death of his father, he…
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From the circuit court of Warren county. Hon. John I). Gilland, Judge. On March 20, 1894, appellant, C. W. Foster, an infant, by his next friend, William Foster, sued appellee for the death of his father, caused by the alleged wrongful act of defendant June 22, 1892. Defendant pleaded that the action was barred because not begun within one year after the death, as provided by § 663, code 1892. To this plea plaintiff replied that, at the. time of the death of his father, he was an infant of less than two years of age, “not represented by any parent, executor, administrator, guardian or other…
1Opinion of the CourtWhitfield, J.
Section 663, code 1892, like its predecessors in the codes of 1857, 1871, and 1880, provides its own special statute of limitations, and contains no saving in behalf of minors. The words ‘ ‘ any of the personal actions before mentioned, ’ ’ in § 2746, must be held to apply to the actions mentioned in chapter 83 of the code of 1892, of which it is a part. This is settled by the case of Maitland v. Keith, 30 Miss., 499. This case and Martin v. Gilleylen, 70 Miss., 324, and Morgan v. Hazlehurst Lodge, 53 Ib., 665, are conclusive of the propriety of the action of the court below. Pearson v.…
2Cases cited5 opinions
- Vicksburg & Meridian Railroad v. PhillipsMississippi Supreme Court · 1887
- Louisville & Nashville Railroad v. SandersCourt of Appeals of Kentucky · 1887
- Pearson v. McMillanMississippi Supreme Court · 1859
- DeWitt v. GilleylenMississippi Supreme Court · 1892
- Maitland v. KeithMississippi Supreme Court · 1855
3Cited by29 opinions
- Cole v. StateMississippi Supreme Court · 1992
- Gentry v. WallaceMississippi Supreme Court · 1992
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Natseway v. JojolaNew Mexico Supreme Court · 1952
- State Ex Rel. Stasciewicz v. ParksCourt of Appeals of Maryland · 1925
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