Hunt v. Belknap

Citations

• 78 Miss. 76

Syllabus

<p>1. Statute of Limitation. Absence from state. Code 1857, art. 13, p. 400. Code 1871, l 3157.</p> <p>Under code 1857, art. 13, p. 400, and code 1871, fj 3157, so providing, time which elapsed before one liable to suit came into this state did not avail him in support of a plea of the statute of limitation, and if, after he came into the state, he be again absent and reside out of the state, the time of his absence could not be counted in his favor.</p> <p>3.Same. Code 1880, \\ 3678. Code 1893, l 374S.</p> <p>By the code 1880, 3678, and code 1893, g 3748, the provisions of the</p> <p>earlier code were so far modified that the time which elapsed before the defendant came into this state could no longer be deducted in ascertaining whether or not the bar had attached.</p> <p>3. Same. Code 1880, <|3684. Code 1893, \\ 3754.</p> <p>Under code 1880, $ 3684, and code 1893, g 3754, so providing, the completion of the bar of the statute of limitation in any jurisdiction of the defendant’s residence bars an action in this state, unless the case be within some statutory exception.</p> <p>4. Same. Cause of action in this state. When it accrues.</p> <p>A cause of action accrues in this state whenever a party has a right of action here, and, if the person against whom it has accrued be absent from and reside out of the state, the time of his absence cannot be counted as a part of the time limited for the commencement of the action after his return.</p> <p>5. Same. Suit to foreclose mortgage. Code 1880, ? 3678. Code 1893, § 3748.</p> <p>Under code 1880, § 3678, and code 1893, \\ 3748, so providing, the time of the absence and residence of the debtor out of this state is not to be computed to bar a cause of action to foreclose a rnort' gage which accrued in this state.</p>