Bower v. Henshaw
Bower v. Henshaw
Opinion of the Court
delivered the opinion of the court.
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.
Judgment affirmed.
Reference
- Full Case Name
- Edward L. Bower v. G. Henshaw & Sons
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Limitation OF Actions. Absence of debtor. Attachment. Both parties non-resident. The Statute of Limitations does not operate against a demand during the debtor’s absence from the State, as a non-resident; and this rule applies in an action of attachment by a non-resident creditor against a non-resident debtor, as well as in a case where the attaching creditor is a resident of the State. 2. Supreme Court. Practice. Verdict. Instruction. The verdict of a jury upon the question of the ratification of an unauthorized act of an agent by the acquiescence of the principal will not be disturbed by this court, where it is warranted by the evidence, and has been approved by the court below in the denial of a motion for a new trial, and it does not appear that the jury were misled by the instructions.