Archibald v. Miss. & Tenn. R. R.

Citations

• 66 Miss. 424

Syllabus

<p>1. Actions. Distinction between local and transitory.</p> <p>Whether actions in this state are local or transitory is governed solely by statute, and not by the common law.</p> <p>2. Local Actions ; What Are.</p> <p>The only local actions in this state are ejectment and trespass on land, styled at common law trespass guare clausum fregit.</p> <p>3. Venue of Actions.</p> <p>Local actions must be commenced in the county where the land is situated. All other actions must be brought with reference to the person of the defendant. Code 1880, § 1498; Oliver v. Loye, 59 Miss. 320.</p> <p>4. Same. Action for damage from overflow. Oase in judgment.</p> <p>An action to recover from a railroad company damages which accrued to plaintiff’s land from the manner in which the company constructed its road-bed along the line of said land, is not a local action, and may be brought in any county where any part of such railroad may be.</p> <p>5. Action of Trespass on Land Defined.</p> <p>An action is not an action of trespass on land, within the meaning of code 1880, § 1498, unless there exist the elements of force and entry necessary to constitute the common law action of trespass guare clausum fregit.</p>