Berkson Bros. v. Cox

Citations

• 73 Miss. 339

Syllabus

<p>1. Limitation of Actions. Judgments. Execution. Issuance of within seven years before suit. Code 1892, § 2743.</p> <p>The issuance of execution on,a judgment within seven years after its rendition, and within the same period prior to the institution of suit thereon, will not save the bar of the seven years’ statute of limitations when plead in such suit, since the limitation of actions upon judgments is seven years from the rendition thereof. Buckner v. Pipes, 56 Miss., 366; SHthv. Parham, 57 lb., 289, cited. Sail v. Green, 60 lb., 47, explained.</p> <p>2. Same. Judgment not a contract. New promise or acknowledgment. Code 1880, ? 2688. Code 1892, § 2757.</p> <p>A judgment is not a contract, and is not embraced in the terms of \\ 2688 of the code of 1880, brought forward into the code of 1892 as (j 2757 thereof, whereby actions upon contracts are taken out of the operation of the statute of limitations when a new promise or acknowledgment, in writing, signed by the party chargeable thereby, is shown.</p>