North British & Mercantile Insurance v. Edwards

Citations

• 85 Miss. 322

Syllabus

<p>1. Constitutional Law. Constitution 1890, see. 97. Reviving barred remedy. Contractual limitation.</p> <p>Constitution 1890, sec. 97, prohibiting the legislature to revive any remedy which may have been barred by lapse of time, or by any statute of limitation of this state, has no application to the terms of a contract by which th’e parties agree that an action shall not be brought thereon after a specified time, but relates wholly to such limitation of time in which suits may be brought as is recognized by the law of the state.</p> <p>2. Privilege Taxes. Delinquency. Disability to sue. Code 1892, l 3401. Amnesty act. Laws 1904, ch. 75, p. 57.</p> <p>Parties who were disabled to maintain suits, under, Code 1892, <! 3401, because of delinquency in the payment of privilege taxes, could avail of the amnesty act of 1904 (Laws 1904, ch. 75, p. 57), and remove such disability where suit was pending when the act was passed, although the contract of fire insurance sued upon provided that no suit could be maintained upon it unless instituted within one year from the fire and more than a year had elapsed between the date of the fire and passage of the amnesty act.</p>