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Mississippi Code

Miss. Code Ann. § 15-1-33 (2026)

Limitations applicable to actions and suits for penalty or forfeiture

✓ current as of July 2026
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All actions and suits for any penalty or forfeiture on any penal statute, brought by any person to whom the penalty or forfeiture is given, in whole or in part, shall be commenced within one year next after the offense was committed, and not after.

Codes, 1857, ch. 57, art. 23; 1871, § 2167; 1880, § 2672; 1892, § 2741; 1906, § 3101; Hemingway's 1917, § 2465; 1930, § 2301; 1942, § 731.

Notes of Decisions
Cited in 13 cases, 1984–2006 · leading case: Stockstill v. Gammill, 943 So. 2d 35 (Miss. 2006).
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Stockstill v. Gammill, 943 So. 2d 35 (Miss. 2006). · cites it 12× “Miss.Code Ann. § 15-1-33 states that "[a]ll actions and suits for any penalty or forfeiture on any penal statute, brought by any person to whom the penalty or forfeiture is given, in whole or in part, shall be commenced within one year next after the offense was committed, and…”
McCain v. Memphis Hardwood Flooring Co., 725 So. 2d 788 (Miss. 1998). · cites it 13× “Code 1942 § 731 (subsequently continued as Miss. Code Ann. § 15-1-33 (1995)). ¶ 18. Memphis Hardwood's argument that § 95-5-10(1) (1994) is a penalty has merit.”
Punzo v. Jackson Cnty., 861 So. 2d 340 (Miss. 2003). · cites it 2× “Second, both McCain and this case involve a one-year statute of limitations; McCain involved Miss.Code Ann. § 15-1-33, and this case involves Miss.”
Lawrence v. Jackson MacK Sales, Inc., 837 F. Supp. 771 (S.D. Miss. 1992). · cites it 2× “Another basis upon which defendants seek dismissal of plaintiff's qualifying event notification claim is their contention that the claim is barred by the one-year statute of limitations provided by Miss.Code Ann. § 15-1-33. While the court entertains serious doubts about the…”
State Ex Rel. Pittman v. Ladner, 512 So. 2d 1271 (Miss. 1987). · cites it 2× “The first question is whether the claim was barred under the one year statute of limitations provided in Miss. Code Ann. § 15-1-33 (1972), a statute which covers "all actions and suits for any penalty or forfeiture on any penal statute.”
Murphree v. Aberdeen-Monroe Cnty. Hosp., 671 So. 2d 1300 (Miss. 1996). · cites it 2× “Murphree's next assertion on appeal, is that the hospital's claim is subject to the one-year statute of limitation of Miss. Code Ann. § 15-1-33 (1972), which reads as follows: All actions and suits for any penalty or forfeiture on any penal statute, brought by any person to whom…”
John D. Vidrine v. Daniel Enger, M.D., 752 F.2d 107 (5th Cir. 1984). “The magistrate thought a separate statute of limitations applied to the claim for punitive damages and applied Miss.Code Ann. 15-1-33 (1973), 6 and Miss.”
Cox v. Warren Cnty., 600 So. 2d 935 (Miss. 1992). · cites it 2× “Whether Miss.Code Ann. § 15-1-33, a one-year statute of limitations on penalties, or Miss.”
Hood v. Mordecai, 900 So. 2d 370 (Miss. Ct. App. 2004). · cites it 2× “Miss.Code Ann. § 15-1-33 (Rev.2003). *375 Therefore, the failure to show any excuse for cause and the obvious prejudice to Mordecai's case, support the circuit court's decision to refuse to set aside the default judgment.”
Huey Stockstill v. Lynn Crosby Gammill (Miss. 2004). · cites it 10× “Miss. Code Ann. § 15-1-33 states that “[a]ll actions and suits for any penalty or forfeiture on any penal statute, brought by any person to whom the penalty or forfeiture is given, in whole or in part, shall be commenced within one year next after the offense was committed, and…”
William A. McCain v. Memphis Hardwood Flooring Co. (Miss. 1995). · cites it 9× “Code 1942 § 731 (subsequently continued as Miss. Code Ann. § 15-1-33 (1995)). ¶18. Memphis Hardwood's argument that § 95-5-10(1) (1994) is a penalty has merit.”
Ginger Murphree v. Aberdeen-Monroe Cnty Hosp (Miss. 1993). · cites it 2× “Murphree's next assertion on appeal, is that the hospital's claim is subject to the one-year statute of limitation of Miss.Code Ann. § 15-1-33 (1972), which reads as follows: All actions and suits for any penalty or forfeiture on any penal statute, brought by any person to whom…”
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