Alabama & Vicksburg Railway Co. v. Odeneal

Citations

• 74 Miss. 827

Syllabus

<p>Action. Premature institution. Statutory penalty. Railroads. Farm-crossing. Code 1892. § 3561.</p> <p>An action for a second enforcement of a statutory penalty, on the ground of a continuance of the wrong, is premature when hroug-ht on the day of the disallowance, by the supreme court, of a suggestion of error to its judgment in a prior suit establishing plaintiff’s right to the penalty, no reasonable time to repair the wrong being afforded the defendant.</p>