Metcalf v. Grover

Citations

• 55 Miss. 145

Syllabus

<p>1. 'Statute of Limitations. When no one to bring suit.</p> <p>, If, at the time when a right of action accrues, there is no one in being to assert it,, the statute of limitations will not commence to run until there is some one-who has power to sue.</p> <p>2. Pleading and Practice. Replication improperly concluding.</p> <p>It is a good ground of demurrer that a replication concludes’ to the country,, when it should conclude with a verification. But it is improper, in such a. ease, to render judgment final against the plaintiff; the court should order an. amendme'nt of the pleading as to its conclusion, at the costs of the plaintiff,, with leave to the defendant to answer over.</p>