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Mississippi Supreme Court, 1917

Yazoo & M. V. R. v. McGee-Dean Co.

Yazoo & M. V. R. v. McGee-Dean Co.
Mississippi Supreme Court · Decided March 15, 1917 · Smith
115 Miss. 282; 76 So. 264

Counsel

Mayes, Wells, May & Sanders, for appellant., Eugene Gerald and Percy Bell, for appellee.

Yazoo & M. V. R. v. McGee-Dean Co.

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

The statute of limitations cannot he interposed by a ■demurrer, but “must be pleaded, so that the plaintiff may, if he can, avoid the bar by replying facts which prevent it.” Hines v. Potts, 56 Miss. 346.

Reversed and remanded.

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