Louisville & Nashville Railroad v. Pool

Citations

• 72 Miss. 487

Syllabus

<p>1. Limitation. Nonresident. Railroads. Action accrued in another state. Code 1893, <j 3754.</p> <p>Section 3754, code 1893, which provides that suit cannot he maintained in this state on a cause of action accrued in another state where defendant has resided before residing' in this state, if, under the statute of limitations in that state the action cannot there be maintained, applies only where a nonresident in whose favor the statute had accrued afterwards removes into this state. Hence, a railroad company which, during the period pleaded as a bar, was operating a railroad in this state, and therefore suable a,s a resident here, cannot plead said statute against an action brought in this state for stock killed in another state where the statute of limitations would, if suit were there brought, bar the action.</p> <p>2. Same. Pleading.' CertaAnty.</p> <p>In such case, since a railroad corporation may be for some purposes a resident of several states at-once, its plea that it was a nonresident of another state, whose statute of limitation it invokes, is insufficient. It should also deny residence in this state.</p> <p>3. Appeal to Circuit Court. Damages. When awarded. Code 1893, 185.</p> <p>It is only where defendant appeals to the circuit court, and plaintiff there recovers as much or more than the judgment in his favor in the justice court, that damages can he added to the judgment. Code 1893, l 85.</p>