Seavy v. Bennett

Citations

• 64 Miss. 735

Syllabus

<p>Judgment. Statute of limitation. Whether affected by execution for clerk’s costs. Section 2674, Code of 1880, construed.</p> <p>An execution on a judgment against a defendant, issued by the clerk of the court of his own motion, and not at the instance, or for the benefit, of ’the plaintiff in the judgment, but as the basis for an execution for costs against the plaintiff, is not an execution the date of which fixes the time from which' to compute the seven years allowed for the issuance of another execution, under $ 2674, Code of 1880 ($ 2153, Code 1871), which provides that no execution shall issue on a judgment or decree “ after seven years from the date of the issuance of the last preceding execution on such judgment or decree.”</p> <p>Harris v. West, 25 Miss. 126, cited.</p>