Pollard v. Eckford

Citations

• 50 Miss. 631

Syllabus

<p>1. Limitation on Actions — Revivor on Judgment against an Administrator, De Bonis Non. — P. recovered judgment against A., November 13,1860. A. died November 4, 1865. K. was appointed administrator of the estate of A., June 6, 1866. K. died, and E. was appointed administrator de bonis non, November 2,1871, scire facias to revive the judgment in favor of P., April 12,1873; held, that the action was barred by the statute of limitations. When the statute of limitations is once put in motion, it is not arrested by any subsequent disability; this is the rule, but if the-disability is of a temporary character, growing out of a positive statutory provision, the time of such temporary disability should be excluded. In a scire facias to revive a judgment, the object is to make a new party to the judgment, and charge him with the duty of making satisfaction,, and he cannot set up any defense which existed anterior to the original judgment, and which might have been pleaded in bar of the original, action.</p>