Ward v. Pennsylvania Fire Insurance

Citations

• 82 Miss. 124

Syllabus

<p>1.Fire Insurance. Policy. Stipulation as to time within wMch to sue. Statute of limitations.</p> <p>Where a fire insurance policy provided that suit thereon must be brought, if at all, within a designated time, the provision is valid, and the time is not extended by the statute of limitations.</p> <p>2.Same. Previous suits dismissed. Code 1892, ? 2756.</p> <p>In such case where suit is brought after the expiration, oí the contract time it makes no difference that a previous suit, which was dismissed, had been brought within the time, nor is the case aided by code 1892, § 2756, providing that if any action brought within the time limited by the- statute of limitations be defeated for matter of form, or the judgment be arrested after verdict for plaintiff, he may bring a new action within a year from the abatement or other determination of the first suit.</p> <p>3. Same. Primilege tax. Code 1892, $ 3401. Amnesty act. Laws 1902, ch. 55.</p> <p>In such case a plaintiff who could not recover in a suit begun before the expiration of the contract time, because he had not paid his privilege tax (code 1892, § 3401), and who consequently dismissed his suit, cannot recover in a second suit, begun after the expiration of the time, although he had, before bringing the latter suit, availed himself of the amnesty act (laws 1902, ch. 55), relieving him from the consequences of not having paid the tax.</p> <p>4. Same. Prohibition to sue. Injunction. Code 1892, g 2758a.</p> <p>In such case a plaintiff is not aided by code 1892, § 2758a, providing that when any person shall be prohibited by law or enjoined from commencing any action, the time during which he shall be so prohibited or enjoined shall not be computed as part of the time limited by the statute of limitations within which' suit may be brought.</p>