Fisher v. Burk

Citations

• 123 Miss. 781
• 86 So. 600

Syllabus

<p>1. Limitation of Actions. Breach 'of contract in another state governed by lex fori.</p> <p>Where parties residing in another state make a contract to be performed there, and such contract is breached in such state, and none of said parties have ever lived in Mississippi, the right of action for damages for such breach is barred by the Mississippi statute of limitations, where the suit is brought in the courts of this state.</p> <p>2. Limitation of Actions. Attachment 'on foreign action does not methe cause of action accrue in Mississippi.</p> <p>The fact that an attachment is sought under the law of this state to establish a lien upon property situated in this state to enforce the payment of a debt or right of action accruing in another state,' does not make the cause of action accrue in this state. Trotter v. Erwin, 27 Miss. 772, cited.</p> <p>3. Limitation of Actions. Statute of Mississippi applies to right</p> <p>of action arising in another state and sued on in Mississippi. Where a right of action arises in another state and suit is brought on such right in this state, when the defendant has never resided in this state, the Mississippi statute of limitations applies.</p>