McCutchen v. Dougherty

Citations

• 44 Miss. 419

Syllabus

<p>1. Statute oj? limitations — Consteuotion.—The act of December 31st, 1862, suspending statutes of limitation, included writs of error. Griffin v. Mills, 40 Miss., fill. The courts of the United States and of this state, have determined that the war closed April 2d, 1866, the date of the president’s proclamation declaratory of that fact. Our statute of limitation commenced running again on the 2d of April, 1867.</p> <p>2. Retuen oeekooess. — The return of the sheriff that he had “ executed this writ by delivering a true copy to the defendant in person,” is a sufficient personal sorvlce within the statute to warrant a judgment by default final.</p> <p>3. Judgment — Rate of intekest. — The action was founded on a note for $1,088 44, bearing interest at ten per cent, por annum, and an account of $270, at interest at six per cent. Judgment by default was for $1,683 92 in the aggregate, without specifying the particular rate of interest. This is not an error of which the defendant can complain.</p>