Metcalf v. Grover
Mississippi Supreme Court
Error to the Circuit Court of Adams County. Hon. J. M. Smiley, Judge. The plaintiff in error brought an action against the defendant in error, on a bond for the payment of money. The defendant, pleaded (1) the general issue, (2) payment, and (3) the-statute of limitations. The plaintiff took issue on the first and second pleas, and replied to the third.
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Error to the Circuit Court of Adams County. Hon. J. M. Smiley, Judge. The plaintiff in error brought an action against the defendant in error, on a bond for the payment of money. The defendant, pleaded (1) the general issue, (2) payment, and (3) the-statute of limitations. The plaintiff took issue on the first and second pleas, and replied to the third. The. defendant, demurred to the replication, and the demurrer was sustained,, with leave to the plaintiff to file an amended replication. A. demurrer to the amended replication was also sustained, and judgment final rendered for the defendant.…
1Opinion of the CourtCampbell, J.
The replication first filed to the plea of the statute of limitations states that at the time when the cause of action on the bond accrued to the obligee he was dead, and that no administration on his estate was had until October 30, 1874, and that this action was brought within twelve months after that time. This is a complete answer to the plea. It is well settled that if, at the time when a right of action accrues, there is no one in being to assert it, the statute of limitations will not commence to run until there is some one to sue.
It follows that the demurrer to the replication should…
2Cited by1 opinion
- Northrop v. FlaigMississippi Supreme Court · 1880