10 La. Ann. 319 | La. | 1855
On the 23d April, 1843, the plaintiff recovered of defendant a judgment in the Circuit Court of the State of Mississippi, sitting in the county of Warren, for the sum of five thousand four hundred and eleven dollars and eighty-seven cents. Both plaintiff and defendant were, and ever since have continued to be, residents of the State of Mississippi; and the contract on which judgment was obtained was a promissory note made iu Mississippi, and payable at the Agricultural Bank of Natchez, in said State.
The last execution that was issued on said judgment from the court that rendered the same was so issued on the 23d November, 1843. Suit was instituted by attachment on this judgment in the Sixth District Court of New Orleans, on the 6th April, 1854. The defendant has pleaded-prescription. The action would be barred, if brought in Mississippi, by a statute of that State, passed the 24th February, 1844. Hutchinson’s Mississippi Code, page 831. And we are spared the necessity of examining the numerous and, to some extent, conflicting authorities which the learned counsel on both sides have furnished us on the subject of
It is therefore adjudged and decreed that the judgment of the District Court be reversed, and that there be judgment for defendant, with costs in both courts.