Hays v. Cage
Texas Supreme Court
The defendant in error sued the plaintiff in error in 1844 on a promissory note made at Manchester, in the state of Mississippi, for the payment of several thousand dollars due on the 1st day of January, 1838. The defendant pleaded the statute of limitations of the state of Mississippi of six years, and a former recovery in that state-upon the same cause of action.
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The defendant in error sued the plaintiff in error in 1844 on a promissory note made at Manchester, in the state of Mississippi, for the payment of several thousand dollars due on the 1st day of January, 1838. The defendant pleaded the statute of limitations of the state of Mississippi of six years, and a former recovery in that state-upon the same cause of action. Re also pleaded the limitation prescribed by the 1st section of the act of limitations of this state. 5 Statute, 1841, p. 133. To the plea of the statute of limitations of the state of Mississippi, the plaintiff replied that the…
1Opinion of the Court
Mr. Justice "Wheeler,
after stating the facts, delivered tbe opinion of tbe court, Mr. Justice LipscoMb not sitting.
For tbe plaintiff in error it is insisted that the court erred:
1st. In overruling the defendant’s motion to strike tbe case from tbe docket for the want of a compliance with tbe rule' requiring security for costs.
2d. In reinstating the cause after it bad been dismissed for tbe want of prosecution “without any legal ground shown” therefor.
3d. In overruling tbe defendant’s exception to tbe plaintiff’s replication to the defendant’s plea' of tbe act of limitations of tbe state of…
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