Bower v. Henshaw
Mississippi Supreme Court
Error to the Circuit Court of Yazoo County. Hon. S. S. CalhooN, Judge. This is an action by attachment, commenced in 1873, upon an open account dated in 1861. The writ was served upon garnishees, and levied upon property of the defendant. The defendant pleaded, amongst other jileas, the Statute of Limitations.
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Error to the Circuit Court of Yazoo County. Hon. S. S. CalhooN, Judge. This is an action by attachment, commenced in 1873, upon an open account dated in 1861. The writ was served upon garnishees, and levied upon property of the defendant. The defendant pleaded, amongst other jileas, the Statute of Limitations. The plaintiffs’ replication admitted that the action was not commenced within the time prescribed by the statute, but sought to avoid the bar by an averment that the defendant was then, and had been since 1866, a citizen and resident of the State of Louisiana. The defendant demurred to…
1Opinion of the CourtCampbell, J.
The demurrer to the replication to the plea of the Statute of Limitations was properly overruled. Trotter v. Erwin, 27 Miss. 772; Fisher v. Fisher, 43 Miss. 212. There is no distinction between an attachment by a non-resident creditor against a non-resident debtor and an attachment by a resident creditor against such debtor.
*622The action was defended in the Circuit Court, on the trial before the jury, as appears from the instructions, wholly on the ground that the plaintiffs had ratified the confessedly unauthorized act of their attorneys in accepting the transfer of another claim as payment of…
2Cases cited2 opinions
- Trotter v. ErwinMississippi Supreme Court · 1854
- Fisher v. FisherMississippi Supreme Court · 1870
3Cited by2 opinions
- Fisher v. BurkMississippi Supreme Court · 1920
- Anderson v. McNealMississippi Supreme Court · 1903