Wayne County v. Helton
Mississippi Supreme Court
Fkom the circuit court of Wayne county. HoN. Thaddeus A. Wood, Judge. The statute of limitations lacked five years of being complete on the 1st day of November, 1890, when the present constitution of the ¡State of Mississippi was adopted in which sec. 104 provides that statutes of limitations in civil causes shall not run against the state, or any subdivision or municipal corporation thereof.
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Fkom the circuit court of Wayne county. HoN. Thaddeus A. Wood, Judge. The statute of limitations lacked five years of being complete on the 1st day of November, 1890, when the present constitution of the ¡State of Mississippi was adopted in which sec. 104 provides that statutes of limitations in civil causes shall not run against the state, or any subdivision or municipal corporation thereof. From the day of the adoption of the constitution until the 6th day of August, 1894, no one will deny the right of the board of supervisors to sue as under the old law the statute of limitations would not…
1Opinion of the CourtCalhooN, J.
The constitution of 1890 went into operation on November 1 of that year. Sec. 101 of that instrument is: “Statutes of limitations in civil causes shall not run against the state or any subdivision or municipal corporation thereof.” Its effect was to immediately stop the running of the statute against counties on pending contracts, where the bar was not complete, as well as on future contracts. Adams v. Illinois, etc., R. R. Co., 71 Miss., 752; 15 So., 640.
Reversed and remanded.
2Cases cited1 opinion
- Adams v. Illinois Central RailroadMississippi Supreme Court · 1894