Potts v. Hines

Decided April 15, 1880

Mississippi Supreme Court · decided 1880-04-15

Hon. J. W. 0. Watson, Judge. This action brought March T, 1876, against J. R. McCall, guardian of F. B. Potts a lunatic, for five hundred dollars, alleged to have been paid Jan. 1,1874, in satisfaction of a note for that amount, was amended April 23,1877, by filing against “ F. B. Potts, a lunatic, whose guardian is J. R. McCall,” a declaration containing six counts, each for five hundred dollars, and the last for merchandise sold Potts while sane.

Relies on Fenn v. Harrington

Good law ✅— No negative treatment on recordhow we know

Decided 1880-04-15

How this case has been cited

Cited by 5 later decisions — most recently June 2005

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Campbell J.

¶1delivered the opinion of the court.

¶2The motion to dismiss the case for want of jurisdiction was properly refused. Fenn v. Harrington, 54 Miss. 733. The action was not commenced as to Potts until he was made a party by amendment. Until then, he was a stranger to the action, and would not have been affected by a judgment in it. In suits against lunatics, both the lunatic and his guardian must be served with process. Code 1871, § 705. Before he was made a defendant, the account was barred by the Statute of Limitations of three years, which upon the facts disclosed in evidence applied to it. Floyd v. Pearce, ante, 140. The verdict should have been for the defendant below.

¶3Reversed and remanded.