Adams v. Illinois Central Railroad

Mississippi Supreme Court
Adams v. Illinois Central Railroad, 71 Miss. 752 (Miss. 1894)
Campbell

Adams v. Illinois Central Railroad

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The Yazoo-Mississippi Delta Levee District, created by statute and recognized by article 11 of the state constitution as a division of the state, is a subdivision thereof within the terms of § 104 of the constitution of 1890, which declares, “ statutes of limitation in civil causes shall not run against the state or any subdivision or municipal corporation thereof,” aud said section became operative immediately, by its own force, on the adoption of the constitution, not being suspended in its operation by §274 of that instrument, because not embraced, there being no statute law of this state repugnant to this provision of the constitution.

*755The statute of limitations applicable to such a demand as that here sued for is the six-years’ statute. The three-years’ statute, § 2670, code 1880, relates to actions founded on contract, express or implied. In saying that the six-years’ statute is applicable to the demand sued for, we mean that it applies to the taxes due, as imposed by the law, and not to the penalty of double the sum for default as to payment, which may be governed by § 2672, code 1880, to which we refer in order to exclude the conclusion that it is decided now.

The demurrer to the pleas should have been sustained; and the judgment is reversed, the demurrer sustained and leave given to the defendant to answer over.

Reversed and remanded.

Reference

Full Case Name
Wirt Adams, State Revenue Agent, use Yazoo-Mississippi Delta Levee District v. Illinois Central Railroad Co.
Cited By
5 cases
Status
Published
Syllabus
1. Limitation or' Actions. Subdivision of state. Constitution 1890, §104. The Yazoo-Mississippi Delta Levee District, created by statute and recognized by article 11, constitution 1890, is a subdivision of the state within the meaning of § 104. which declares that statutes of limitation in civil causes shall not run against the state or any subdivision thereof. 2. Constitution 1890, § 104. Went into immediate effect. Said §104 went into effect on the adoption of the constitution, and was not suspended by § 274, there being no statute repugnant to its provisions. 3. Limitation of Actions. Suit for privilege taxes. In a suit for privilege taxes due the Yazoo-Mississippi Della Levee District prior to the constitution of 1890, the six-years’ statute of limitation was applicable. The three-years’ statute, § 2670, code 1880, relates only to actions founded on contract, express or implied.