N. O., J. & G. N. R. R. v. Wallace

Citations

• 50 Miss. 244

Syllabus

<p>j. Circuit Court — Jurisdiction — Corporations.— Corporations are artificial persons, existing only in contemplation of law. They must dwell iu the place of their creation, and cannot migrate to another state. But they are liable to be sued like natural persons, in transitory actions, arising ex contractu or ex delicto in any state, where legal service of process can he had. Where the defendants in the court below appeared and pleaded to the action, they cannot object to the jurisdiction, and it is too late after the plea of the general issue, to raise the question of the authority of the court finally to dispose of the case.</p> <p>2. Practice — Pleadings — Notice.—Where an improper notice is attached to a plea of the general issue, the mode of avoiding the special matter proposed to be proved under it is, not by demurrer, but by an objection to the introduction of the testimony. Wren v. Hoffman, 41 Miss., 616.</p> <p>3. Same — Instructions — Rule oe Law. —As corporations can only act in conformity with the law of the state by which they are created, such corporations are responsible as carriers only to the extent, and in conformity to the law of the state, where the contract is made or the duty undertaken, and it will make no difference whether the action is inform ex contractu or ex delicto. This is in conformity to the general rule of law upon the subject of contracts and torts, and where railroad corporations are sued out of the jurisdiction by which they were created, and under whose laws alone they can act, the extent and degree of their responsibility must be determined by the law of the place of the existence and action of such corporation.</p>