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79 Miss. 122

Wayne County v. Helton

Mississippi Supreme Court

Decided March 15, 1901

Mississippi Supreme Court · decided 1901-03-15

Fkom the circuit court of Wayne county. HoN. Thaddeus A. Wood, Judge. The statute of limitations lacked five years of being complete on the 1st day of November, 1890, when the present constitution of the ¡State of Mississippi was adopted in which sec. 104 provides that statutes of limitations in civil causes shall not run against the state, or any subdivision or municipal corporation thereof.

Decided 1901-03-15

CalhooN, J.,

¶1delivered the opinion of the court.

¶2The constitution of 1890 went into operation on November 1 of that year. Sec. 101 of that instrument is: “Statutes of limitations in civil causes shall not run against the state or any subdivision or municipal corporation thereof.” Its effect was to immediately stop the running of the statute against counties on pending contracts, where the bar was not complete, as well as on future contracts. Adams v. Illinois, etc., R. R. Co., 71 Miss., 752; 15 So., 640.

¶3Reversed and remanded.

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