West Feliciana Railroad v. Stockett

Citations

• 21 Miss. 395

Syllabus

<p>The 12th section of the act of limitations of 24th of February, A. D. 1844, which provides that no action at law or in equity shall be brought against an executor or administrator, after the expiration of four years from- the qualification of such executor or administrator, is prospective, and applies only to administrators appointed after the passage of the act.</p> <p>Were it otherwise, and the act to be construed to embrace administrators ap pointed prior to its passage, and the limitation to commence running as to them from the passage of the act, it would not apply to a case where letters of administration had been granted less than nine months before the act took effect, until those nine months had fully elapsed; because, until their lapse, no right of action existed in the creditor, and the limitation had nothing until then to take effect upon.</p> <p>The legislature may pass an act of limitations, which shall apply to existing causes of action, but some reasonable time should be allowed, within which suits may be brought; but if the act is silent as to any such intention, it cannot be construed to apply to cases where such construction would cut off all remedy.</p>