Duffey v. Kilroe

Citations

• 116 Miss. 7
• 76 So. 681

Syllabus

<p>1. Equity. Amendment of bill. Exhibits.</p> <p>Even though a copy of a probated account sued on should have been filed with and as an exhibit to the bill, still it was not error for the court to allow the bill to be so amended as to refer to the account which was then on file as an exhibit thereto.</p> <p>2. Executors and Administrators. Presentation of claim. Itemized account.</p> <p>Under Code 1906, section 2106, requiring an itemized account in probating a claim against the estate of a decedent, it is not necessary that a doctor’s claim for visits to decedent should show the days of the month of such visits but where the visits are grouped on the account by months, the due date of each item will be held to be the first day of the month in which it is charged, in applying the statute of limitations.</p> <p>3. Payments. Application.</p> <p>Payments made upon an open account should be applied to the oldest items on the account, where neither party makes an application to any particular item.</p> <p>4. Limitation of Actions. Effect of administration. Claims.</p> <p>Under Code 1906, section 3113, so providing, a debt not barred by limitation at the death of the debtor remains alive in any event for at least one year after the death of the debtor.</p> <p>5. Limitation of Actions. Effect of administration. Claims.</p> <p>Under Code 1906, section 2110, so providing the proper probation and registering of claims against the estate of a decedent, stops the general statute of limitations against it.</p> <p>6. Limitations of Actions. Effect of administration. Claims,</p> <p>Code 1906, section 3105, providing that action may not be brought against an executor or administrator on a judgment or other cause of action against deceased, but within four years after the qualification of an executor or' administrator is the only statute of limitations applicable after a claim not then barred by a general' statute has been registered and probated.</p>