Hodges v. Darden Bros.
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. The facts of the case sufficiently appear in the opinion of the court. It is assigned for error that the court below refused to allow defendants to withdraw their rejoinder to plaintiff’s replication, and to file a demurrer to the said replication, to test its sufficiency in law, the defendant being a married woman.
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Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. The facts of the case sufficiently appear in the opinion of the court. It is assigned for error that the court below refused to allow defendants to withdraw their rejoinder to plaintiff’s replication, and to file a demurrer to the said replication, to test its sufficiency in law, the defendant being a married woman. It will be admitted that the statute of limitations does not run against a feme covert. Does this local law apply to married .women, or is it restricted to persons who are not recognized as disabled, but…
1Opinion of the CourtSimrall, J.
The suit was founded upon an open account for goods, wares and merchandise sold and delivered, to which the defendant pleaded the statute of limitations. The plaintiff filed a replica - tion, that the said Catharine Hodges has not been a resident of the state of Mississippi ror three years next after the cause of action accrued, but that she was absent and resided out of the state, and.that the time of such absence ought to be deducted, etc. The defendant took issue on the replication, and afterwards moved to strike it out; failing in that motion she also asked leave to withdraw her pleading,…
2Cases cited2 opinions
- Clopton v. MathenyMississippi Supreme Court · 1873
- Fisher v. FisherMississippi Supreme Court · 1870