North v. James

Citations

• 61 Miss. 761

Syllabus

<p>1. Limitation op Actions. Ability to me. Married women.</p> <p>Mere ability to sue does not impose an obligation to do so. Hence, where a married woman could have sued either with or without her husband, after her marriage, she is not compelled to do so, nor will her failure to sue subject her to a plea of the statute of limitations. ,</p> <p>2. Same. Code of 1857. Causes not cognizable by law courts. Minority and coverture.</p> <p>Art. 31, page 403, of the Code of 1857, does not cut off the rights of minors and married women, they being protected by the same statute, and under that code no statute can run against any one having a cause of action against the estate of a decedent until one year after the appointment of an administrator.</p> <p>3. Same. Double disability. Infancy and coverture. Code 1857. Case in judgment.</p> <p>W. was intrusted with a fund in 1857 to be paid to J. upon her marriage. J. married in 1866, being then only sixteen years old. Her husband died in 1877. W. died in 1870, but no administrator was appointed until 1883, whereupon suit was brought by J. to recover the money placed in the hands of W. for her benefit. Held, that J.’s right of action which accrued to her on her marriage was not barred under the Code of 1857.</p> <p>4. Same. Two disabilities. When statute begins to run.</p> <p>Where a party is under two or more disabilities when a cause of action accrues, the statute will not begin to run until all are removed.</p>