Lewis v. Buckley

Citations

• 73 Miss. 58

Syllabus

<p>1. Statute of Limitations. Oral withdrawal of plea Toy defendant while testifying.</p> <p>A defendant may, by the use of appropriate words, orally waive, or withdraw, his plea of the statute of limitations, while testifying in the cause, and a recovery by the plaintiff will not be set aside because the action was in fact barred, although the defendant’s counsel did not withdraw the plea, or otherwise join in his act, and the instructions granted to both parties were 'framed as if the issue presented by the plea still remained before the jury.</p> <p>2. Same. Words of withdrawal.</p> <p>If in testifying- the defendant uses the following words: “ I do not plead the statute of limitations in anything. When I owe an honest debt, I pay it. I never pleaded it in a case before, and I do not plead it in this case,” they constitute a withdrawal of his plea setting up the bar of the statute.</p>