Robertson v. Alford

Citations

• 21 Miss. 509

Syllabus

<p>An injunction issued under the sixth section of the act of 1843, establishing the mode of proceeding against hanks which have forfeited their charters, against a bank does not suspend the operation of the statute of limitations as to claims held by the bank.</p> <p>The operation of the statute of limitations will not be suspended except by legislative provision to that effect; and the direction for an injunction to issue, restraining a bank, against which proceedings are commenced under the law of 1843, from the collection of its claims, such injunction to have the force and effect of an injunction in chancery, is not a legislative prohibition of suit; for such is not'the force and effect of an injunction in chancery, such an injunction being always subject to modification in the discretion of the chancellor; and upon application, the chancellor, if the party were enjoined from suing, and the debt were thereby likely to be lost, would qualify the injunction so as to enable the party to bring his suit.</p> <p>Mr. Justice Clayton dissented, and considered that the bank, when-proceeded against under the act of 1843, was prohibited from suit upon her demands until a termination of the proceedings against her; and that, therefore, being without power to sue, the statute of limitations was of necessity suspended in its operation; and this, by express legislative enactment.</p>